MARITIME TRANSPORT ACT 1994

MARITIME TRANSPORT ACT 1994
Public Act 1994 No 104
Date of assent 17 November 1994

An Act -

(a) To continue the Maritime Safety Authority of New Zealand; and

(b) To enable the implementation of New Zealand's obligations under international maritime agreements; and

(c) To ensure that participants in the maritime transport system are responsible for their actions; and

(d) To consolidate and amend maritime transport law; and

(e) [Repealed by the Health and Safety in Employment Amendment Act 2002]

(f) To protect the marine environment; and

(g) To continue, or enable, the implementation of obligations on New Zealand under various international conventions relating to pollution of the marine environment

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1) This Act may be cited as the Maritime Transport Act 1994.

(2) Except as provided in subsection (3) of this section, this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and, except in the case of the provisions referred to in section 214 of this Act, different dates may be so appointed by one or more Orders in Council for different provisions and different purposes.

(3) This section and sections 2, 214, and 221 of this Act shall come into force on the day on which this Act receives the Royal assent.

Part 1 - Preliminary Provisions

2 Interpretation

(1) In this Act, unless the context otherwise requires -

Accident means an occurrence that involves a ship and in which -

(a) A person is seriously harmed as a result of -

(i) Being on the ship; or

(ii) Direct contact with any part of the ship, including any part that has become detached from the ship; or

(iii) Direct exposure to the wash of the ship or interaction (other than direct contact) between 2 ships; or

(iv) Being involved in the salvage of any ship -

except where the injuries are self-inflicted or inflicted by other persons, or when injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

(b) The ship sustains damage or structural failure that -

(i) Adversely affects the structural strength, performance, or seaworthiness of the ship; or

(ii) Would normally require major repair or replacement of the affected component; or

(iii) Poses a threat to the safety of people on board the ship; or

(c) There is a complete or partial failure of machinery or equipment that affects the seaworthiness of the ship; or

(d) There is a loss of, or damage to, or movement of, or change in the state of, the cargo of the ship which poses a risk to the ship or other ships; or

(e) There is a significant loss of, or significant damage to, property (not being the cargo carried by the ship) or the property of any person (whether or not on board the ship), whether or not the loss or damage arises from an interaction between 2 ships; or

(f) There is a loss or escape of any substance or thing that -

(i) May result, or has resulted, in serious harm to any person; or

(ii) May pose a risk, or has resulted in damage, to the ship or other ships; or

(iii) May pose a risk, or has resulted in damage, to any property (whether or not on board the ship); or

(g) A person is lost at sea (whether or not subsequently found) or is missing; or

(h) The ship is foundering, capsizing, being abandoned, stranding, missing, or has foundered, capsized, been abandoned, stranded, been in a collision, or has had a major fire on board:

Aircraft has the same meaning as in the Civil Aviation Act 1990:

All practicable steps [Repealed by the Health and Safety in Employment Amendment Act 2002]

Articles of Agreement means an agreement between an employer and one or more seafarers setting out the terms and conditions of the seafarers' employment:

Authority means the authority continued by section 429:

Commercial ship means a ship that is not -

(a) A pleasure craft; or

(b) Solely powered manually; or

(c) Solely powered by sail:

Continental shelf or continental shelf of New Zealand has the same meaning as in the Continental Shelf Act 1964:

Conventions, in relation to this Part and Parts 2 to 15 of this Act, means such conventions as may be declared for the purposes of any such Part by Order in Council pursuant to subsection (2) of this section; and includes the amendments to such conventions, being amendments to which New Zealand is a party that are declared in the same manner:

Crew means the persons employed or engaged in any capacity on board a ship (except a master, a pilot, or a person temporarily employed on the ship while it is in port):

Demise charter has the same meaning as in section 2(1) of the Ship
Registration Act 1992:

Director means the person who is for the time being the Director of Maritime New Zealand under section 439 of this Act:

Emergency rules means emergency maritime rules or emergency marine protection rules:

Employer means a person who employs or engages any other person (other than a person temporarily employed on the ship while it is in port or a pilot) to do any work for hire or reward on board a commercial ship or pleasure craft:

Fail includes refuse; and failure includes refusal:

Fishing ship means a ship used for catching fish, whales, seals, or other living resources of the sea for profit; and includes a ship that is recognised by the Director as being engaged in fisheries research:

Foreign ship means any ship that is not a New Zealand ship:

Gross tonnage or gross tons, in relation to a ship, means the gross tonnage of that ship determined or recognised in accordance with the provisions of this Act or any maritime rules:

Harbour: [Repealed by the Maritime Transport Amendment Act 1999].

Harm means illness, injury, or both; and to harm and harmed have corresponding meanings:

Hazard means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether or not arising or caused on board a ship) that is an actual or potential cause or source of harm; and hazardous has a corresponding meaning:

Incident means any occurrence, other than an accident, that is associated with the operation of a ship and affects or could affect the safety of operation:

Internal waters of New Zealand means the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977:

Load lines means the marks indicating several maximum depths to which a ship is permitted to be loaded in various circumstances prescribed by maritime rules or regulations made under this Act:

Marine protection rules means marine protection rules made by the Minister under Part 27 of this Act; and includes emergency marine protection rules made by the Director under section 391 of this Act:

Maritime document -

(a) Means any licence, permit, certificate or other document issued under Part 5 of this Act to or in respect of any person, ship, cargo, maritime procedure, or maritime product; and

(b) Includes any foreign licence, permit, certificate, or other document recognised by the Director under section 41 of this Act or accepted by the Director under section 42 of this Act:

Maritime product means anything that comprises or is intended to comprise any part of a ship or that is or is intended to be installed in or fitted or supplied to a ship; and includes -

(a) Safety equipment:

(b) Nautical instruments and publications, whether or not computerised or electronic, used or intended to be used in the operation of a ship:

(c) Electronic navigational aids used or intended to be used in the operation of a ship:

(d) Radio and other communication equipment:

(e) Fuel and other similar consumable items necessary for the operation of a ship:

Maritime rules means maritime rules made by the Minister under Part 4 of this Act; and includes emergency maritime rules made by the Director under section 37 of this Act:

Master means any person (except a pilot) having command or charge of any ship:

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act:

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act:

Mishap means an event that -

(a) Causes any person to be harmed; or

(b) In different circumstances, might have caused any person to be harmed:

Nautical instruments and publications means those instruments and publications (including computerised or electronic instruments and publications) used or intended to be used in the navigation of a ship:

Navigational aid includes -

(a) Any lightship and any floating or other light exhibited for the guidance of ships:

(b) Any description of a fog signal not carried on a ship:

(c) All marks and signs in aid of marine navigation:

(d) Any electronic, radio, or other aid to marine navigation not carried on board any ship:

New Zealand-based operator means -

(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 Defence Force has the same meaning as the term Defence Force in section 2(1) of the Defence Act 1990:

New Zealand national has the same meaning as in section 2(1) of the Ship
Registration Act 1992:

New Zealand ship means a ship that is registered under the Ship Registration Act 1992; and includes a ship that is not registered under that Act but is required or entitled to be registered under that Act:

New Zealand waters means -

(a) The territorial sea of New Zealand; and

(b) The internal waters of New Zealand; and

(c) All rivers and other inland waters of New Zealand:

Operate, in relation to a ship, means to sail or use the ship, or cause or permit the ship to sail, be used, or be in any place, whether or not the person is present with the ship; and operating, operation, and operator have corresponding meanings:

Operating in New Zealand waters means any activity undertaken in New Zealand waters that involves calling in to a New Zealand port; but does not include the passage by a ship through New Zealand waters that does not involve calling in to a New Zealand port:

Owner -

(a) In relation to a ship registered in New Zealand under the Ship Registration Act 1992, means the registered owner of the ship:

(b) In relation to a ship registered in any place outside New Zealand, means the registered owner of the ship:

(c) In relation to a fishing ship, other than one to which paragraph (a) or paragraph (b) of this definition applies, means the person registered as the owner under section 57 of the Fisheries Act 1983:

(d) In relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) of this definition applies, where, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the ship, includes the charterer or other person who is for the time being so responsible:

(e) In relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the management of the ship:

Passenger means any person carried on a ship, other than -

(a) The master and members of the crew, and any other person employed or engaged in any capacity on board the ship on the business of the ship:

(b) A person on board the ship either in pursuance of an obligation laid upon the master to carry shipwrecked, distressed, or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled:

(c) A child under the age of 1 year:

Pilot, in relation to any ship, means any person not being the master or a member of the crew of the ship who has the conduct of the ship:

Plant includes -

(a) Appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle:

(b) Part of any plant, the controls of any plant, and anything connected to any plant:

Pleasure craft means a ship that is used exclusively for the owner's pleasure or as the owner's residence, and is not offered or used for hire or reward; but does not include -

(a) A ship that is provided for transport or sport or recreation by or on behalf of any institution, hotel, motel, place of entertainment, or other establishment or business:

(b) A ship that is used on any voyage for pleasure if it is normally used or intended to be normally used as a fishing ship or for the carriage of passengers or cargo for hire or reward:

(c) A ship that is operated or provided by any club, incorporated society, trust, or business:

Port includes place and harbour:

Prescribed means prescribed by this Act or by regulations or rules made under this Act:

Proper officer, in relation to any country other than New Zealand, means the person who is, by the law of that country, authorised or required -

(a) To do or perform the act or duty to which reference is made in the provisions of this Act in which the expression occurs; or

(b) To do or perform, in relation to ships registered in or belonging to that country, any act or duty of the same nature as the act or duty to which reference is made in the provisions of this Act in which the expression occurs; -

and includes a consular officer of New Zealand in any other country:

Reward -

(a) In the definition of the term employer in this section and in the definition of the term seafarer in this section, and in section 125(1) of this Act, means any remuneration, recompense, or other payment for service (whether of money or money's worth):

(b) In the definition of the term pleasure craft in this section -

(i) Includes the payment (whether of money or money's worth and whether directly or indirectly), to or for the benefit of the owner or master of a ship, of a contribution towards the expenses of a voyage by or on behalf of persons, or the owners of cargo, carried on board the ship during the voyage; but

(ii) Does not include the payment of any such contributions exclusively by part owners of the ship or by persons engaged as bona fide crew members:

Rules includes maritime rules and marine protection rules:

Safety equipment means any equipment carried on a ship for the health or safety of any person during the normal operation and working of the ship or for fire or the abandonment of the ship or other emergency; and includes anchors and chain cables:

Seafarer -

(a) Means any person who -

(i) Is employed or engaged on any ship in any capacity for hire or reward; or

(ii) Works on any ship for gain or reward otherwise than under a contract of employment; but

(b) Does not include a pilot or any person temporarily employed on a ship while it is in port:

Seaplane includes a flying boat and any other aircraft designed to manoeuvre on the water:

Secretary means the chief executive of the Ministry:

Serious harm means -

(a) Death; or

(b) Harm of a kind or description referred to in the First Schedule to the Health and Safety in Employment Act 1992; or

(c) Harm of a kind or description declared by the Governor-General by Order in Council to be serious for the purposes of the Health and Safety in Employment Act 1992; -

and seriously harmed has a corresponding meaning:

Ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes -

(a) A barge, lighter, or other like vessel:

(b) A hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:

(c) A submarine or other submersible:

Significant hazard [Repealed by the Health and Safety in Employment Amendment Act 2002]

System, in relation to a ship, means any system incorporated in the ship which contributes to the safe navigation and working of the ship during normal operation or is required in the event of any emergency:

Territorial sea of New Zealand or territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977:

Tonnage measurement means measurement of a ship in accordance with the requirements of maritime rules:

Unit of account means one special drawing right as defined by the International Monetary Fund, the calculation of which, in New Zealand currency, is in accordance with section 88 of this Act:

Voyage means a journey by water from one port -

(a) To another port; or

(b) Back to the same port without calling at any other port:

Warship -

(a) Means a ship belonging to the armed forces of a State and bearing the external marks distinguishing the nationality of ships of that State, being a ship -

(i) Under the command of an officer duly commissioned by the Government of that State whose name appears in the appropriate service list or its equivalent; and

(ii) Crewed by crew subject to regular armed forces discipline; and

(b) Includes any ship requisitioned under section 10 of the Defence Act 1990; but

(c) Does not include any ship operated by the New Zealand Defence Force that operates, for the time being, for a commercial purpose.

(2) The Governor-General may from time to time, by Order in Council, declare -

(a) That any specified international convention relating to maritime transport, to which New Zealand is a party, shall be a convention for the purposes of this Part and Parts 2 to 15 of this Act, or such of them (or their provisions) as may be specified in the order:

(b) That any specified amendment to any such convention shall form part of that convention for any such purposes.

3 Act to bind the Crown

Except as provided in section 4 of this Act, this Act shall bind the Crown.

4 Application of this Act

(1) Except as otherwise provided in this Act, or in any regulations or rules made under this Act, nothing in this Act, or any regulations or rules made under this Act, shall apply to -

(a) Warships of the New Zealand Defence Force; or

(b) Warships of any other State; or

(c) Aircraft of the New Zealand Defence Force; or

(d) Aircraft of the defence forces of any other State; or

(e) Any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes; or

(f) The master or the crew of any ship referred to in paragraph (a) or paragraph (b) or paragraph (e) of this section; or

(g) Defence areas as defined in section 2 of the Defence Act 1990.

(2) The provisions of sections 344 to 352, 361, and 368 of this Act shall apply to warships of the New Zealand Defence Force and, for the purposes of determining any liability under any of those provisions in respect of any act or omission involving such a warship, any provision of this Act, the Resource Management Act 1991, or any other enactment referred to in those provisions shall be deemed to apply to such warships.

(3) Where it is alleged that the Crown has contravened a provision of this Act, or any rules or regulations made under this Act, and such contravention constitutes an offence -

(a) Any person may apply to the High Court for a declaration that the Crown has contravened that provision; and

(b) If satisfied beyond reasonable doubt that the Crown has contravened that provision, the Court may make a declaration to that effect.

4A Application of Parts 3 and 5

Parts 3 and 5 apply, subject to section 42, with all necessary modifications, to each ship that carries coastal cargo under section 198(1)(b) as if that ship were a New Zealand ship.

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.

Part 2 - Duties Relating To Health And Safety On Ships [Repealed by the Health and Safety in Employment Amendment Act 2002]

Duties Of Employers Relating To Health And Safety Of Seafarers [Repealed by the Health and Safety in Employment Amendment Act 2002]

6 Employers to ensure safety of seafarers [Repealed by the Health and Safety in Employment Amendment Act 2002]

Duties Of Employers In Relation To Hazards [Repealed by the Health and Safety in Employment Amendment Act 2002]

7 Identification of hazards to seafarers [Repealed by the Health and Safety in Employment Amendment Act 2002]

8 Significant hazards to seafarers to be eliminated where practicable [Repealed by the Health and Safety in Employment Amendment Act 2002]

9 Significant hazards to seafarers to be isolated where elimination impracticable [Repealed by the Health and Safety in Employment Amendment Act 2002]

10 Significant hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable [Repealed by the Health and Safety in Employment Amendment Act 2002]

Duties Of Employers In Relation To Information [Repealed by the Health and Safety in Employment Amendment Act 2002]

11 Employees to be given results of monitoring [Repealed by the Health and Safety in Employment Amendment Act 2002]

12 Information for seafarers generally [Repealed by the Health and Safety in Employment Amendment Act 2002]

Duties Of Employers In Relation To Training And Supervision [Repealed by the Health and Safety in Employment Amendment Act 2002]

13 Training and supervision [Repealed by the Health and Safety in Employment Amendment Act 2002]

14 Seafarers to be involved in development of health and safety procedures [Repealed by the Health and Safety in Employment Amendment Act 2002]

Other Duties [Repealed by the Health and Safety in Employment Amendment Act 2002]

15 Duties of employers in respect of persons who are not seafarers [Repealed by the Health and Safety in Employment Amendment Act 2002]

16 Duties of seafarers [Repealed by the Health and Safety in Employment Amendment Act 2002]

Part 3 - Duties In Relation To Maritime Activity

General Duties

17 General requirements for participants in maritime system

(1) Every person who does anything for which a maritime document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate maritime documents and all the necessary qualifications and other documents are held by that person.

(2) Every participant shall comply with this Act, regulations made under this Act, maritime rules, and the conditions attached to the relevant maritime documents.

(3) Every participant shall ensure that the activities or functions for which the maritime document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

(4) Every participant -

(a) Shall, if so required by maritime rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

(b) Shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

(c) Shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

18 General requirements for persons other than participants

Every person, other than a participant (within the meaning of section 17 of this Act), who -

(a) Operates any ship; or

(b) Is responsible for any maritime product; or

(c) Is otherwise engaged in any maritime activity -

shall comply with the relevant provisions of this Act and any relevant rules.

19 Duties of master

(1) The master of a ship shall -

(a) Be responsible for the safe operation of the ship on a voyage, the safety and wellbeing of all passengers and crew, and the safety of cargo carried; and

(b) Have final authority to control the ship while in command and for the maintenance of discipline by all persons on board; and

(c) Be responsible for compliance with all relevant requirements of this Act and regulations and maritime rules made under this Act, except in an emergency when, in the interests of safety, immediate action in breach of this Act or of regulations or maritime rules made under this Act is necessary; and

(d) Where an emergency requires that in the interests of safety an action is necessary that breaches this Act, or regulations or maritime rules made under this Act, as soon as practicable, notify the Director of the action and the circumstances which necessitated it and, if requested by the Director, provide to the Director a written report in respect of the action.

(2) For the purposes of subsection (1)(c) of this section, a breach of any prescribed requirement is permitted only if -

(a) The emergency involves a danger to life or property; and

(b) The extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and

(c) There is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and

(d) The degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.

(3) Nothing in subsection (1)(c) of this section permits -

(a) The breach of any prescribed requirement as to the seaworthiness of a ship; or

(b) The operation of a ship by a person who does not hold the appropriate maritime document; or

(c) The operation of a ship by a person who does not have authority to operate that ship.

(4) Every master commits an offence and is liable to a fine not exceeding $5,000 who, without reasonable excuse, fails to comply with subsection (1)(d) of this section.

20 Duty to report dismissals

(1) The employer of any seafarer on a New Zealand ship shall report to the Director any dismissal from employment of a seafarer that is a dismissal related to violence, alcohol, the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975), or the misuse of prescription medicines (as defined in the Medicines Act 1981).

(2) The Director shall not release the name of any person reported under subsection (1) of this section unless the person's name appears on a list maintained under section 52(4) of this Act; and any release of such a name shall be made only to the extent provided for in section 52(4) of this Act.

21 Pleasure craft departing for overseas

(1) No master of a pleasure craft shall permit that pleasure craft to depart from any port in New Zealand for any place outside New Zealand unless -

(a) The Director has been notified in writing of the proposed voyage and the full name of the person who is in command of the pleasure craft; and

(b) The Director is satisfied that the pleasure craft and its safety equipment are adequate for the voyage; and

(c) The Director is satisfied that the pleasure craft is adequately crewed for the voyage; and

(d) The pleasure craft and the master comply with any relevant maritime rules.

(2) No pleasure craft shall be entitled to a certificate of clearance to depart from any port in New Zealand under the Customs and Excise Act 1996 unless subsection (1) of this section has been satisfied.

Duties In Relation To Crewing

22 Employer's duties in relation to seafarers of New Zealand ships on overseas voyages

(1) Every employer of a seafarer on any New Zealand ship, other than a pleasure craft, going on an overseas voyage shall -

(a) Prior to the departure of the ship -

(i) Enter into articles of agreement, in a form approved by the Director as meeting the requirements of the relevant convention and subsection (2) of this section, with every seafarer (except the master), in relation to the voyage; and

(ii) Post the articles of agreement up in a place on the ship easily accessible from the seafarer's quarters; and

(b) Ensure that any termination of a period of employment of a seafarer is by notice in writing; and

(c) Make provision on termination of the voyage, or where the seafarer has been left behind by the ship by reason of -

(i) Injury sustained during his or her employment on the ship; or

(ii) Shipwreck; or

(iii) Illness, which is not due to the seafarer's own wilful act or default; or

(iv) Discharge for any cause for which the seafarer cannot be held responsible -

to return each seafarer to his or her own country, or to the port where that seafarer was employed, or to the port where the voyage commenced, or to such other place (if any) as may be agreed between the employer and the seafarer; and an employer of a seafarer shall be deemed to have made adequate provision under this paragraph if the seafarer has been provided with suitable employment on board a vessel proceeding to one of the foregoing destinations; and

(d) Provide to the seafarer, if requested by the seafarer, a certificate as to the quality of the seafarer's work and whether the seafarer has fully discharged his or her obligations under any articles of agreement with the employer.

(2) The articles of agreement shall include a statement that the agreement shall be terminated by -

(a) Mutual consent of the employer and the seafarer; or

(b) Death of the seafarer; or

(c) Loss or total unseaworthiness of the ship.

(3) A seafarer on a New Zealand ship may recover from the seafarer's employer, or any agent of the employer, the reasonable expenses incurred by the seafarer in returning to his or her own country, or to the port where the crew member was employed, if the employer of that seafarer does not comply with the employer's obligations under subsection (1)(c) of this section.

(4) For the purposes of this section -

Overseas voyage means a voyage to a port outside New Zealand:

Reasonable expenses means all reasonable transportation charges, accommodation, and food expenses, in respect of the period commencing when the seafarer was left behind and ending with the end of the return journey; and includes maintenance in respect of the period commencing when the seafarer was left behind and ending with the time fixed for the seafarer's return journey departure.

23 Employer's duties in relation to seafarers on New Zealand ships

(1) Every employer of seafarers on a New Zealand ship shall -

(a) Provide food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality, and variety; and

(b) Ensure that any seafarer requiring medical attention while overseas receives all necessary medical attention at the employer's expense; and

(c) In the event of the loss or foundering of the ship, pay to every seafarer wages at the normal rate until -

(i) The seafarer is otherwise employed; or

(ii) The expiry of 2 months from the date of the loss or foundering -

whichever first occurs; and

(d) Maintain a record (in a form prescribed or in a form approved by the Director) of the employment on board a New Zealand ship of every seafarer employed on that ship by that employer and provide to a seafarer, if requested by that seafarer, a copy of the record applying to that seafarer.

(2) Any wages payable under subsection (1) of this section shall be recoverable in the same manner as wages earned by the seafarer during his or her normal employment.

24 Inspection of provisions

Without limiting section 54 of this Act, the Director shall, upon receipt of a written complaint from not less than half the crew of a New Zealand ship, carry out such inspections and audits under that section as he or she considers appropriate to ascertain compliance with section 23(1)(a) of this Act.

25 Body and effects of deceased seafarer

(1) Subject to subsection (2) of this section, every employer of seafarers on a New Zealand ship shall make suitable arrangements for the body and effects of any seafarer who dies in the course of a voyage, which may include the return of the body to the deceased's next of kin or the burial or cremation of that body.

(2) The employer shall endeavour to ascertain the reasonable wishes of the deceased's next of kin and shall, where practicable, comply with those wishes.

26 Provisions relating to crewing of New Zealand ships and young persons

(1) Every employer of seafarers on a New Zealand ship shall keep a register of all persons under the age of 18 years who are employed on that ship and the register shall include the date of birth of each such person.

(2) No person shall employ on any New Zealand ship -

(a) Any person of an age that requires that person to be enrolled at a school; or

(b) Any person under the age of 18 years as a trimmer or stoker.

(3) Notwithstanding subsection (2) of this section, where an employer has not been able, after taking all reasonable steps, to obtain a person over 18 years of age as a trimmer or stoker in a port, the employer may employ on a New Zealand ship a person over the age of 16 years as a trimmer or stoker in that port, but in any such case 2 persons over the age of 16 years shall be employed to do the work which would otherwise have been performed by one person over the age of 18 years.

(4) Nothing in subsection (2) of this section applies to the employment of a person to carry out work on a training ship if the carrying out of such work by a person of that age is approved by the Director.

27 Prohibition on receiving remuneration for placing seafarers in employment

(1) No person shall carry on for pecuniary gain, directly or indirectly, any undertaking in relation to the finding of employment for seafarers (other than persons to be employed or engaged in fishing within the meaning of the Fisheries Act 1996 and masters) on any ship nor shall any person charge, directly or indirectly, any fees for finding employment for such seafarers on any ship.

(2) Every person commits an offence and is liable to a fine not exceeding $200 who acts in contravention of subsection (1) of this section.

Liens On Ships By Crew And Masters

28 Members of crew not to contract out of rights

(1) A member of the crew of a ship shall not by any agreement forfeit his or her lien on the ship, or be deprived of any remedy for the recovery of his or her wages, or abandon his or her right to wages in case of the loss of the ship, or abandon any right that he or she may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with this subsection shall be void.

(2) Nothing in this section shall apply to a stipulation made by a member of the crew of any ship with respect to the remuneration to be paid to that member of the crew for salvage services to be rendered by that ship if, according to the terms of the agreement, the ship is to be employed on salvage service.

29 Master to have same rights as members of crew

(1) The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his or her wages as a member of the crew of the ship has under this Act or by any law or custom.

(2) The master of a ship, and every person lawfully acting as master, shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements and liabilities properly made or incurred by the master on account of the ship as a master has for the recovery of his or her wages.

Duties In Relation To Accidents, Incidents, Etc.

30 Recording and notification of accidents, incidents, and mishaps

Every employer of seafarers on a New Zealand ship shall maintain (in a form approved by the Director) a register of accidents, incidents, and mishaps; and shall record in the register particulars relating to -

(a) Every accident or incident; and

(b) Every mishap.

31 Obligation to notify all accidents, incidents, etc.

(1) The master of -

(a) Any New Zealand ship; or

(b) Any foreign ship in New Zealand waters -

that is involved in a mishap that results in serious harm to a person, an accident, or an incident, shall notify the mishap, accident, or incident to the Authority as soon as practicable.

(2) If, due to injuries or death or for other good reason, the master of a ship referred to in subsection (1) of this section is unable to give the necessary notice under that subsection, the operator of the ship shall provide the necessary notice.

(3) Every person who -

(a) Operates, maintains, or services, or does any other act in respect of any New Zealand ship, any foreign ship in New Zealand waters, or any maritime product; and

(b) Is involved in an accident, incident, or mishap resulting in serious harm, involving a New Zealand ship, or a foreign ship in New Zealand waters -

shall, where required to do so under maritime rules, notify the accident, incident, or mishap to the Authority as soon as practicable.

(4) The co-ordinator of any search and rescue operation for any ship or person missing at sea shall notify the Authority of the operation as soon as practicable.

(5) The Authority may, on being notified under this section, request such additional information in such form as it considers appropriate in each specific case, and the master or operator or person of whom the request is made shall provide the additional information forthwith.

32 Duty to assist persons in danger and to respond to distress calls

(1) The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall, so far as the master can do so without serious danger to the ship and persons on board -

(a) Render assistance to any person found at sea in danger of being lost:

(b) After a collision, render assistance to the other ship, its crew, and its passengers:

(c) After a collision, inform the master of the other ship of the name of his or her own ship, its port of registry, and the nearest port at which it will call.

(2) On receiving a signal that a ship, aircraft, or survival craft is in distress, the master of a ship referred to in subsection (1) of this section shall -

(a) Proceed with all speed to the assistance of the persons in distress and, if possible, inform them of that fact; and

(b) Comply with any requisition to the master's ship by the master of the ship in distress by continuing to proceed with all speed to the assistance of persons in distress.

(3) Subsection (2)(a) of this section does not apply if -

(a) The master is unable, or, in the special circumstances of the case, considers it unreasonable or unnecessary, to proceed to the assistance of the persons in distress; or

(b) The master is informed that one or more ships have been requisitioned and are complying with the requisition.

(4) Neither paragraph (a) of subsection (2) of this section nor, if the ship has been requisitioned, paragraph (b) of that subsection, shall apply if the master is informed by the persons in distress or by the master of another ship which has reached the persons that assistance is no longer necessary.

(5) The master of a New Zealand ship that is required to carry a logbook shall enter in the logbook a record of every distress signal received and any reason for failing to go to the assistance of persons in distress in accordance with subsection (3)(a) of this section.

(6) Every person commits an offence who fails to comply with this section and is liable to -

(a) Imprisonment to a term not exceeding 12 months; or

(b) A fine not exceeding $100,000; or

(c) Both.

33 Reporting of dangers to navigation

(1) The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall report to ships in the vicinity, and the nearest radio communication station with which it is possible for the ship to communicate, any danger to navigation, including the failure or displacement of any navigational aid.

(2) Every person commits an offence and is liable to a fine not exceeding $10,000 who fails, without reasonable excuse, to comply with this section.

Part 4 - Further Regulation Of Maritime Activity

Maritime Rules

34 Maritime rules relating to maritime documents

(1) Maritime rules made under this Part of this Act may require that a maritime document be held by or in respect of all or any of the following:

(a) New Zealand ships:

(b) All ships (including foreign ships) operating in New Zealand waters:

(c) The owners and operators of, and seafarers on, New Zealand ships or foreign ships operating in New Zealand waters:

(d) Persons or organisations having a direct involvement in ship operations or ship or maritime product safety services:

(e) Maritime products used on, by, or in relation to New Zealand ships or foreign ships operating in New Zealand waters:

(f) Persons or organisations that provide -

(i) Maritime training; or

(ii) The testing, inspecting, audit, or certification of ships or maritime products; or

(iii) The design, manufacture, or maintenance of ships or maritime products:

(g) Shipping operations and management:

(h) Shipping containers:

(i) Navigational aid installations:

(j) Such other persons, ships, maritime products, maritime related services, facilities, and equipment as may be operated or engaged or used in New Zealand waters or in support of the maritime system.

(2) The requirements, standards, and application procedure for each maritime document, and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by maritime rules.

(3) Subject to any maritime rules, a maritime document may be issued or a document may be recognised as a maritime document, as the case may be, by the Director for such period and subject to such conditions as the Director considers appropriate in each particular case.

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

35 Application for maritime document

(1) Every application for the grant or renewal of a maritime document or the recognition of a document as a maritime document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.

(2) Every applicant for a maritime document shall include in his or her application his or her address for service in New Zealand including, where applicable, telephone and facsimile numbers.

(3) It shall be the duty of every holder of a maritime document to maintain the currency of the information provided under subsection (2) of this section by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.

(4) The Director shall ensure that a record of all information provided under this section is maintained at the Maritime Registry.

(5) Service of any notification under this Act on a holder of, or an applicant for, a maritime document shall be effective service if served at the address last provided by that holder or applicant under this section.

36 Maritime rules relating to other matters

(1) The Minister may from time to time make maritime rules for all or any of the following purposes:

(a) Classifying ships as to type, nature of service, operating limits, or otherwise:

(b) The implementation of technical standards, codes of practice, performance standards, and other requirements of the conventions:

(c) Prescribing standards and requirements for the design and construction of, or major alteration to, any ship:

(d) Prescribing standards and requirements for the accommodation of seafarers or passengers on any commercial ship:

(e) Prescribing the provision of medical supplies and facilities on any ship, their stowage, maintenance, and periodic inspection, and requiring medical officers on ships:

(f) Prescribing the requirements for the maintenance and periodic inspection or testing of the hull, machinery, and systems of any ship, safety equipment, or any maritime products of any ship:

(g) Prescribing safe navigational and maritime operational and emergency procedures, including such procedures for any seaplane, and any training requirements in respect of such procedures:

(h) Prescribing operational and emergency procedures for the assistance of persons in distress at sea and in respect of collisions:

(i) Defining operating limits and pilotage limits; and specifying requirements concerning pilotage (including when and where pilotage is required or is not required, and the classes of ships that must carry a pilot in circumstances described in the rules):

(j) Prescribing standards and requirements for the safe management of commercial shipping operations:

(k) Requiring the recording and retention of operational information and prescribing the details of any reporting that is required by this Act:

(l) Prescribing criteria for determining the maximum number of passengers or persons that may be carried on any ship and for assigning and marking load lines on any ship:

(m) Prescribing standards and requirements for the carriage on a ship of any cargo, container, or personal property (including any item brought on to the ship by a passenger or other person, or carried in or on a vehicle on the ship); and prescribing standards and requirements concerning containers carried on a ship:

(n) Prescribing the minimum number of seafarers to be employed on any commercial ship, their qualifications, and experience:

(o) Prescribing standards, specifications, qualifications, restrictions, and licensing requirements for persons engaged in maritime activities, including any medical requirements and requirements relating to the keeping of records of qualifications, restrictions, and licences:

(p) Prescribing technical standards or requirements relating to the health and safety of seafarers:

(q) Prescribing the format of maritime documents, forms, and applications:

(r) Prescribing the requirements and criteria for determining the tonnage measurement, length, and size of any ship:

(s) Prescribing the criteria and conditions under which foreign licences, permits, certificates, or other documents will be recognised by the Director under section 41 of this Act:

(t) Prescribing standards and requirements for maritime products (including safety equipment), and prescribing the maritime products to be carried on any ship:

(ta) Prescribing standards and requirements for navigational aids:

(tb) Regulating the conduct of ships in New Zealand waters or the conduct of ships in any defined part of New Zealand waters, for the purpose of securing safe navigation in those waters:

(u) Prescribing or providing for such matters as may be necessary -

(i) To enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport:

(ii) To implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation:

(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.

(2) Without limiting anything in subsection (1), rules under this section may apply to river rafts and other manually-powered water craft and to their operators, crew, and passengers.

37 Power of Director to make emergency maritime rules

(1) The Director may from time to time make emergency maritime rules for any purpose for which the Minister may make maritime rules under this Part of this Act, if the Director considers that -

(a) Such rules are necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property; and

(b) It is not practicable in the circumstances of the particular case for the Minister to make maritime rules to effectively alleviate or minimise the risk concerned.

(2) The Minister may revoke any emergency maritime rule and the revocation shall be notified as if it were an emergency rule.

38 Contravention of emergency maritime rule

(1) Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any emergency maritime rule made under section 37 of this Act.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to a fine not exceeding $5,000:

(b) In the case of a body corporate, to a fine not exceeding $30,000.

Requirements In Relation To Maritime Rules

39 Matters to be taken into account in making maritime rules

(1) The maritime rules made by the Minister and the emergency maritime rules made by the Director shall not be inconsistent with international standards relating to maritime safety, and the health and welfare of seafarers, to the extent adopted by New Zealand.

(2) In making any maritime rule, the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

(a) The recommended international practices relating to maritime safety and to the health and welfare of seafarers:

(b) The level of risk existing to maritime safety in each proposed activity or service:

(c) The nature of the particular activity or service for which the rule is being established:

(d) The level of risk existing to maritime safety in New Zealand in general:

(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:

(g) The international circumstances in respect of maritime safety:

(h) Such other matters as the Minister or the Director, as the case may be, considers appropriate in the circumstances.

40 Further provisions relating to rules

The provisions of sections 446 to 452 of this Act apply in relation to rules made under this Part of this Act.

Part 5 - Powers And Duties Of Director Of Maritime New Zealand In Relation To Maritime Activity

Powers In Relation To Maritime Documents

41 Issue of maritime documents and recognition of documents

(1) After considering any application under section 35 of this Act, the Director shall, as soon as practicable, grant the application if he or she is satisfied that -

(a) All things in respect of which the document is sought or, in the case of an application for recognition of a document as a maritime document, all things to which the document relates, meet any relevant prescribed requirements; and

(b) The applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document -

(i) Either hold the relevant prescribed qualifications and experience or hold such qualifications as are acceptable to the Director under subsection (2) of this section; and

(ii) Are fit and proper persons to have such control or hold the document; and

(iii) Meet all other relevant prescribed requirements; and

(c) It is not contrary to the interests of maritime safety for the document to be granted, renewed, or recognised.

(2) For the purpose of granting or renewing a maritime document, or recognising a document as a maritime document, the Director may, subject to any provisions in the maritime rules, recognise such qualifications or certifications as he or she considers appropriate in each case.

(3) In no case shall the Director recognise foreign qualifications or foreign certificates where -

(a) The requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and

(b) The Director believes that to recognise such qualifications or certificates might pose a risk or danger to the safety of any person, to property, or to the marine environment.

(4) Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either -

(a) Issue an equivalent maritime document under this section; or

(b) Notify in writing such recognition.

(5) It shall be a condition of every current maritime document issued or recognised by the Director that the holder shall continue to satisfy the fit and proper person criteria specified in subsection (1)(b)(ii) of this section.

(6) Where the Director declines to grant an application under section 35 of this Act, the applicant may appeal against that decision to a District Court under section 424 of this Act.

(7) Nothing in this section applies in respect of any ship, crew, or maritime product in respect of which section 42 of this Act applies.

42 Acceptance of convention documents

(1) Subject to subsection (2) of this section, the Director shall accept every valid licence, permit, certificate, or other document issued or approved by a State, other than New Zealand, under a convention to which that State and New Zealand are both parties; and, for the purposes of this Act, such documents shall be deemed to be maritime documents.

(2) The Director shall not accept, or shall suspend acceptance of, any documents referred to in subsection (1) of this section where he or she has clear grounds for believing that -

(a) The condition of the ship or maritime product does not correspond substantially with the particulars of any document relating to the ship or maritime product; or

(b) The condition of the ship or maritime product has not been maintained in accordance with the provisions of any requirements leading to the issue of that document; or

(c) The ship is not in all respects fit to proceed to sea without danger to the ship or the persons on board or without presenting an unreasonable threat of harm to the marine environment; or

(d) The ship or maritime product has been materially altered without the sanction of the State that issued or approved the document; or

(e) The document has been fraudulently obtained or the holder of the document is not the person to whom the document was originally issued.

(3) Sections 35, 41, 43 to 51, 68, 69, 73 to 78, 406(b), and 406(c) of this Act shall not apply to any document referred to in subsection (1) of this section.

(4) This section applies in respect of -

(a) Every ship, other than a New Zealand ship, registered in a country that is a party to any convention to which New Zealand is also a party:

(b) The crew of every ship referred to in paragraph (a) of this subsection:

(c) The maritime products of every ship referred to in paragraph (a) of this subsection.

43 Suspension of maritime documents or imposition of conditions

(1) The Director may from time to time -

(a) Suspend any maritime document issued by the Director under this Act or under any maritime rules, or impose conditions in respect of any such maritime document; or

(b) Suspend the Director's recognition as a maritime document of any document issued by another person or any organisation, or impose conditions in respect of such recognition -

if he or she considers such action necessary in the interests of maritime safety, and if he or she -

(c) Is satisfied that the holder has failed to comply with any conditions of the relevant maritime document or with the requirements of section 17 of this Act; or

(d) Is satisfied the holder has contravened or failed to comply with section 406 of this Act; or

(e) Is satisfied such action is necessary to ensure compliance with any provisions of Parts 1 to 15 of this Act or any regulations or maritime rules made under this Act; or

(f) Considers that the privileges or duties for which the document has been granted, or the relevant document has been recognised as a maritime document, are being carried out by the holder in a careless or incompetent manner.

(2) Without limiting the general provisions of subsection (1) of this section, the Director may suspend any maritime document, or the recognition of any document as a maritime document, relating to the use of any ship, or maritime product, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the seaworthiness of the ship or as to the quality or safety of the maritime product to which the document relates.

(3) Unless the suspension or the imposition of conditions is extended under subsection (4) or remains in force by virtue of subsection (5A), the suspension of a maritime document, the suspension of recognition of a document as a maritime document, or the imposition of conditions under this section remains in force until -

(a) The close of the 14th day after the date of the imposition of the suspension or conditions; or

(b) The Director decides what action (if any) under subsection (4) or section 51 is to be taken -

whichever happens first.

(4) Before the expiry of the 14-day period referred to in subsection (3)(a), the Director may, on the grounds set out in subsection (1) for action the Director may take under that subsection, do 1 or more of the following:

(a) Extend the period of a suspension, or the period during which conditions apply, by a specified further period:

(b) Impose, vary, or lift conditions:

(c) Suspend the maritime document, or recognition of the document as a maritime document, for a specified period.

(5) When a maritime document or recognition of a document as a maritime document is suspended or a maritime document is made subject to conditions under this section, the holder of the document or recognition must immediately produce the maritime document or the document of recognition to the Director, and -

(a) The Director must endorse the document to indicate the action taken under this section; and

(b) The Director may retain a document while it is suspended.

(5A) If notice of a proposed revocation of a maritime document or recognition of a document as a maritime document is given in accordance with section 51 either at the same time as the suspension of the document or recognition under this section is imposed or while the suspension is in force, the document or recognition to which the notice relates remains suspended until the Director finally decides whether to revoke the document or recognition under section 44.

(6) The whole or any part of a maritime document, or the recognition of the whole or any part of a document recognised as a maritime document, may be suspended under this section.

(7) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

44 Revocation of maritime documents

(1) If, at any time after an investigation carried out to decide whether any action should be taken under section 43, the Director believes that any relevant maritime document or the recognition of a document as a maritime document should be revoked, the Director may revoke that document or the recognition of that document.

(2) Where the Director proposes to revoke a maritime document or the recognition of a document as a maritime document, the Director shall give notice in accordance with section 51 of this Act, which shall apply as if the proposed revocation were a proposed adverse decision under this Act.

(3) Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

45 Amendment or revocation in other cases

(1) The Director may -

(a) If so requested in writing by the holder of any maritime document issued by the Director, amend or revoke the document as requested:

(b) Amend any maritime document issued by the Director to correct any clerical error or obvious mistake on the face of the document.

(2) Subject to subsection (3) of this section, the Director may do any of the following:

(a) Amend any maritime document issued by the Director to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:

(b) Revoke any maritime document issued by the Director, or revoke the recognition of any document as a maritime document, if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder.

(3) Before taking any action under subsection (2) of this section, the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.

(4) The power to amend a maritime document under this section includes -

(a) Power to revoke the document and issue a new document in its place; and

(b) Power to impose reasonable conditions.

(5) When the holder of a maritime document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director.

46 Suspension or revocation of maritime document where prescribed fees or charges unpaid

(1) Where any fee or charge payable under this Act or any regulations made under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the maritime document, or suspend recognition of the document as a maritime document, to which the unpaid fee or charge relates.

(2) Where any fee or charge payable under this Act or any regulations made under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the maritime document, or revoke recognition of the document as a maritime document, to which the fee or charge relates.

(3) Before undertaking any action under subsection (1) or subsection (2) of this section, the Director shall notify the holder of that document of -

(a) The Director's intention to act under subsection (1) or subsection (2) of this section; and

(b) The right of appeal available to the holder of that document in the event of the Director taking such action.

(4) Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.

(5) Where a fee or charge is payable to the Authority or the Director in respect of an application or the provision of a service, the Authority or the Director, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.

(6) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

47 Exemption

(1) The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, ship, or maritime product from any specified requirement in any maritime rule.

(2) The Director shall not grant an exemption under subsection (1) of this section unless he or she is satisfied in the circumstances of each case that -

(a) The granting of the exemption will not breach New Zealand's obligations under any convention; and

(b) Either -

(i) The requirement has been substantially complied with and that further compliance is unnecessary; or

(ii) The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

(iii) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

(iv) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and

(c) The risk to safety will not be significantly increased by the granting of the exemption.

(3) The number and nature of any exemptions granted under subsection (1) of this section shall be notified as soon as practicable in the Gazette.

(4) Nothing in this section shall apply in any case where any maritime rule specifically provides that no exemptions are to be granted.

48 Powers of Director in relation to examinations, etc.

For the purposes of granting or renewing maritime documents in respect of personnel under this Act, the Director may set, conduct, and administer examinations and tests, and carry out such other functions in relation to such examinations and tests as may be necessary.

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 of this Act.

(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) of this section 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) of this section, 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) of this section 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 of this Act.

(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 1993, 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 27(1)(d) 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.

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

(6) Nothing in subsection (5) of this section 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 1993, 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 27(1)(d) 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.

51 Notice to persons affected by proposed adverse decisions

(1) In this section, unless the context otherwise requires -

Adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act or under the maritime rules:

Affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the maritime document:

Person directly affected, in relation to any adverse decision, means the person who would be entitled under section 424 of this Act to appeal against that adverse decision:

Person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the grounds referred to in section 50 of this Act, means the person whom the Director assesses as not being a fit and proper person.

(2) Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall -

(a) Notify the person directly affected by the proposed decision of the proposed decision; and

(b) Subject to subsection (4) of this section, inform that person of the grounds for the proposed decision; and

(c) Specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and

(d) Where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and

(e) Notify the person of the person's right of appeal under section 424 of this Act, in the event of the Director proceeding with the proposed decision; and

(f) Specify such other matters as in any particular case may be required by any provision of this or any other Act.

(3) Where the Director gives a notice under subsection (2) of this section, the Director -

(a) Shall also supply a copy of the notice to -

(i) Any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and

(ii) Any affected document holder, where the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and

(b) May supply a copy of the notice to any other affected document holder.

(4) No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 50(1) of this Act, except to the extent that -

(a) The notice or copy is supplied to the person to whom the information relates; or

(b) That person consents to the supply of that information to any other person.

(5) Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:

(a) It shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c) of this section, or within such further period as the Director may allow:

(b) The Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a) of this subsection, other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:

(c) The Director shall consider any submissions made in accordance with paragraph (a) of this subsection, other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b) of this subsection.

(6) After considering the matters referred to in subsection (5) of this section, the Director shall -

(a) Finally determine whether or not to make the proposed adverse decision; and

(b) As soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a) of this section, of -

(i) The Director's decision and the grounds for the decision; and

(ii) The date on which the decision will take effect; and

(iii) In the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 41(6) or section 43(7) or section 44(4) of this Act).

Suspension Of Seafarers From Employment

52 Suspension from employment

(1) The Director may suspend from employment 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) Where the Director proposes to suspend any person under this section, the Director shall give the person notice in accordance with, and shall adopt the procedure set out in, section 51 of this Act, which shall apply as if -

(a) The proposed suspension was a proposed adverse decision under this Act; and

(b) The reference to the person's right of appeal under section 424 of this Act were a reference to the person's right of appeal to the Maritime Appeal Authority continued by section 82 of this Act.

(3) The Director may suspend a person under this section for any period the Director thinks fit and may impose such conditions on the re-employment of that person 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) Any person in respect of whom any decision is taken under this section may appeal against that decision to the Maritime Appeal Authority continued by section 82 of this Act.

53 Suspended persons not to be employed

(1) No person shall employ on board a New Zealand ship, or any ship involved in coastal shipping under section 198 of this Act, a person who has been suspended under section 52 of this Act.

(2) No person who has been suspended under section 52 of this Act shall offer himself or herself for employment on board a New Zealand ship, or any ship involved in coastal shipping under section 198 of this Act.

(3) Every person commits an offence who, without reasonable excuse, contravenes this section.

(4) Every person who commits an offence against subsection (3) of this section is liable -

(a) In the case of an individual, to a fine not exceeding $5,000:

(b) In the case of a body corporate, to a fine not exceeding $50,000.

Inspection, Detention, And Rectification

54 Inspections and audits

(1) The Director may in writing require any person who -

(a) Holds a maritime document; or

(b) Operates, maintains, or services, or does any other act in respect of any ship or maritime product -

to undergo or carry out such inspections and such audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers or for the purposes of any provision of any of Parts 1 to 15 of this Act.

(2) The Director may, in respect of any person described in subsection (1) of this section, carry out such inspections and audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers.

(3) For the purposes of any inspection or audit carried out in respect of any person under subsection (2) of this section, the Director may, in writing -

(a) Require from that person such information as the Director considers relevant to the inspection or audit:

(b) Require that person to demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the safe operation of the ship:

(c) Require that person to demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a maritime product is capable of being carried out in a competent manner.

55 Detention, etc., of ships and maritime products

(1) The Director may from time to time do all or any of the following:

(a) Detain any ship or any ship of a particular class:

(b) Seize any maritime product or any maritime product of a particular class:

(c) Prohibit or impose conditions on the use or operation of any ship or any ship of a particular class, or the use of any maritime product or any maritime product of a particular class:

(d) Impose conditions on the release from detention or seizure of the ship or maritime product.

(2) The powers under subsection (1) of this section may be exercised where the Director believes on clear grounds that -

(a) The operation or use of any ship or maritime product or class of ship or maritime product, as the case may be, endangers or is likely to endanger any person or property, or is hazardous to the health or safety of any person; or

(b) The appropriate prescribed maritime document is not for the time being in force in respect of the ship, or the master or any member of the crew of that ship, or the maritime product, as the case may be; or

(c) Any maritime document required by maritime rules in respect of the ship or maritime product, as the case may be, has expired; or

(d) The conditions under which a maritime document in respect of a ship or maritime product was issued or recognised, or the requirements of that document, are not being met; or

(e) The watchkeeping requirements specified for a ship by the State in which the ship is registered are not being met; or

(f) The conditions imposed under paragraph (c) or paragraph (d) of that subsection are not being met.

(3) The powers under subsection (1) of this section may also be exercised where the Director is satisfied, on clear grounds, that the master is not, or crew are not, familiar with essential shipboard procedures for the safe operation of the ship.

(4) Nothing in this section shall permit the Director to detain a ship where that detention would constitute a breach of any convention.

(5) Any detention or seizure under subsection (1) of this section shall be maintained for only such time as is necessary in the interests of maritime safety or the health or safety of any person; but, if ships, maritime products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those ships, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.

(6) The Director shall, if requested by the owner or the person for the time being in charge of a ship detained or a maritime product seized under subsection (1) of this section, provide in writing to the owner or that person the reasons for the detention or seizure.

(7) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

(8) For the purpose of subsection (1) of this section, the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.

(9) Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition notified under this section.

(10) Every person who commits an offence against subsection (9) of this section is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b) In the case of a body corporate, to a fine not exceeding $100,000.

56 Costs of detention, etc.

(1) Where the Director acts under section 55 of this Act to detain a ship, the provisions of section 462 of this Act shall apply to the costs of and incidental to the detention.

(2) Where the Director acts under section 55 of this Act to seize a maritime product, the Authority may recover from the owner of such maritime product all reasonable costs of and incidental to such seizure.

(3) The Authority is liable to pay to the owner of a ship or a maritime product compensation for any loss resulting from the Director unduly detaining the ship or maintaining the seizure of a maritime product.

(4) The Authority is liable to pay to the owner of a ship or maritime product compensation for any loss resulting from the Director unduly delaying the ship or the use of the maritime product.

(5) Where the Director has taken action under section 55 of this Act on the information of a complainant and the information is subsequently found to be frivolous or vexatious, the complainant is liable to indemnify the Authority for all costs for which the Authority is liable under this section.

Investigation Of Accidents, Incidents, And Mishaps

57 Investigation of accidents, incidents, and mishaps by Director

(1) Where an accident, incident, or mishap occurs that is required to be notified to the Authority under section 31 of this Act, the Director may investigate the accident, incident, or mishap.

(2) When an accident, incident, or mishap is under investigation by the Director, the Director shall be in charge of that investigation.

(3) The Director shall permit the participation or representation of foreign states in any investigation in which they have an interest.

(4) Except with the consent of the Director, which consent shall not be unreasonably withheld, no person (other than the New Zealand Police) shall -

(a) Participate in any investigation if the Director is in charge of the investigation; or

(b) Undertake any independent investigation at the site of any accident, incident, or mishap that the Director is in charge of investigating; or

(c) Examine or cause to be examined any material removed from the site of any accident, incident, or mishap that the Director is in charge of investigating.

(5) Where the Director refuses consent under subsection (4) of this section, he or she shall give the applicant a statement in writing of the reasons for his or her refusal.

(6) Where an accident, incident, or mishap is being investigated by -

(a) The Director; and

(b) Any one or more of the following, namely -

(i) The Transport Accident Investigation Commission:

(ii) The New Zealand Defence Force:

(iii) A visiting force:

(iv) An inspector or other person under the Health and Safety in Employment Act 1992 -

the Director and the other persons investigating the accident, incident, or mishap shall take all reasonable measures to ensure that the investigations are co-ordinated.

(7) This section is subject to section 14 of the Transport Accident Investigation Commission Act 1990.

58 Powers of investigation of Director

(1) For the purposes of investigating under section 57 an accident, incident, or mishap, the Director (or a person authorised for the purpose by the Director), may -

(a) Make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the accident, incident, or mishap:

(b) Issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person's possession or under that person's control that are relevant to the subject of the investigation:

(c) Take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:

(d) Require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.

(2) A person who is required by the Director (or an authorised person) to do anything under subsection (1) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6 of the Commissions of Inquiry Act 1908.

(3) A summons under this section may be served in the same manner as a summons served under section 5 of the Commissions of Inquiry Act 1908, and that section 5 applies accordingly with any necessary modifications.

(4) For the purposes of this section, document means a document in any form; and includes -

(a) Any writing on or in any material; and

(b) Information recorded or stored by means of a tape-recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and

(c) A record, book, graph, or drawing; and

(d) A photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.

(5) A person who fails without reasonable cause to comply with a requirement made under subsection (1) commits an offence and is liable to a fine not exceeding $1,000.

59 Additional powers of investigation

Without limiting the powers conferred by section 58 of this Act, for the purpose of exercising any of the functions, duties, or powers of the Director under this Act, the Director and any person authorised in writing for the purpose by the Director shall, in addition to any other powers conferred by this Act, have power to do the following:

(a) Where the Director believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any ship, place, maritime product, or any other thing involved in any manner in an accident, incident, or mishap, to prohibit or restrict access of persons or classes of persons to the site of any accident, incident, or mishap:

(b) To seize, detain, remove, preserve, protect, or test any ship, maritime product, or any thing that the Director believes on reasonable grounds will assist in establishing the cause of an accident, incident, or mishap.

60 Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission

(1) As soon as practicable after any accident or incident is notified to the Authority under section 31 of this Act, the Director shall notify the Transport Accident Investigation Commission that he or she has been notified of the accident or incident, if it is of any of the following kinds:

(a) An accident or incident involving -

(i) A New Zealand commercial ship; or

(ii) A foreign commercial ship that was in New Zealand waters at the time of the accident or incident:

(b) An accident involving a New Zealand ship where a person is seriously harmed:

(c) An incident involving more than one ship, where at least one ship is a commercial ship and, in the opinion of the Authority, it is likely that the occurrence would have, or will, become an accident:

(d) An accident at the interface of the civil and military maritime systems.

(2) Where the Authority has been notified of a search and rescue operation under section 31(4) of this Act, the Director shall, if he or she has reasonable cause to believe that the ship involved is included in any of the categories specified in subsection (1) of this section, forthwith notify the Transport Accident Investigation Commission accordingly.

Powers And Provisions Relating To Pilots

60A Master to ensure rules relating to pilotage are complied with

(1) The master of a ship must ensure that a pilot is taken on board the ship in accordance with and whenever required by maritime rules.

(2) Despite anything in maritime rules, the Director may direct that a pilot be taken on board a ship in New Zealand waters if the Director is satisfied that, in the circumstances (such as the weather conditions, damage to the ship, or incapacity of the master), the interests of navigation safety or marine environmental protection require that a pilot be taken on board.

(3) A direction under subsection (2) must, whenever practicable, be in writing and must be given to the owner or master of the ship to which it applies.

(4) Once a direction is given under subsection (2), the ship may not proceed from or enter a port in New Zealand without a pilot on board if to do so is contrary to that direction or to a provision of the maritime rules.

60B Limitation of liability where pilot engaged

(1) A port company, or other body corporate or person, who provides a pilot is not liable for any neglect or want of skill of the pilot.

(2) The owner or master of a ship navigating under circumstances in which pilotage is required is answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner and to the same extent as that person would be if pilotage were not required.

(3) A pilot is not liable for neglect or want of skill while on board a ship and acting as a pilot.

Part 6 - Offences In Relation To Maritime Activity

Offences Against Health And Safety On Ships [Repealed by the Health and Safety in Employment Amendment Act 2002]

61 Offences likely to cause serious harm [Repealed by the Health and Safety in Employment Amendment Act 2002]

62 Other offences [Repealed by the Health and Safety in Employment Amendment Act 2002]

63 Actions taken to prevent harm [Repealed by the Health and Safety in Employment Amendment Act 2002]

Safety Offences

64 Unnecessary danger caused by holder of maritime document

(1) Every holder of a maritime document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act, or causes or permits any act or omission, if the act or omission causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b) In the case of a body corporate, to a fine not exceeding $100,000:

(c) In any case, to an additional penalty under section 409 of this Act.

65 Dangerous activity involving ships or maritime products

(1) Every person commits an offence who -

(a) Operates, maintains, or services; or

(b) Does any other act in respect of -

any ship or maritime product in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.

(2) Every person commits an offence who -

(a) Causes or permits any ship or maritime product to be operated, maintained, or serviced; or

(b) Causes or permits any other act to be done in respect of any ship or maritime product -

in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.

(3) Every person who commits an offence against subsection (1) or subsection (2) of this section is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b) In the case of a body corporate, to a fine not exceeding $100,000:

(c) In any case, to an additional penalty under section 409 of this Act.

65A Proceeding without pilot contrary to maritime rules or direction given under section 60A

(1) If a ship proceeds without a pilot in contravention of section 60A, the owner and master of the ship each commits an offence and is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b) In the case of a body corporate, to a fine not exceeding $100,000:

(c) In any case, to an additional penalty under section 409.

(2) Despite section 451(5), a contravention of a maritime rule in circumstances to which section 60A(1) applies is an offence against this section.

66 Effect of breach of maritime rule

(1) Where any person is charged with any offence against section 64 or section 65 of this Act and the Court is satisfied that any act or omission of that person, or caused or permitted by that person, constitutes a breach of a relevant maritime rule, then, in the absence of proof to the contrary, it shall be presumed that the act or omission caused unnecessary danger or risk to another person or to property, irrespective of whether or not in fact any injury or damage occurred.

(2) Nothing in this section shall be construed so as to require the proof of a breach of a maritime rule as an element of any offence described in section 64 or section 65 of this Act.

67 Communicating false information affecting safety

(1) Every person commits an offence who by any means provides to another person information relating to the safety of a ship, maritime product, or any other facility or product used in or connected with maritime activities, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b) In the case of a body corporate, to a fine not exceeding $100,000.

(3) Where the commission of an offence against subsection (1) of this section causes financial loss to any person and the Court imposes a fine under subsection (2) of this section in respect of that offence, the Court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person.

Offences In Relation To Maritime Document

68 Acting without necessary maritime document

(1) Every person commits an offence who -

(a) Operates, maintains, or services; or

(b) Does any other act in respect of -

any ship or maritime product, without holding the appropriate current maritime document.

(2) Every person commits an offence who -

(a) Operates, maintains, or services; or

(b) Does any other act in respect of -

any ship or maritime product knowing that a current maritime document is required to be held in respect of that ship or product before that act may lawfully be done and knowing that the appropriate document is not held.

(3) Every person who commits an offence against subsection (1) or subsection (2) of this section is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b) In the case of a body corporate, to a fine not exceeding $100,000:

(c) In any case, to an additional penalty under section 409 of this Act.

(4) For the purposes of this section -

(a) A maritime document is not a current maritime document if it is for the time being suspended under this Act:

(b) A maritime document is not a current maritime document in relation to an act if the endorsement that is required to authorise that act is for the time being suspended under this Act.

69 Applying for maritime document while disqualified

(1) Every person commits an offence who applies for or obtains a maritime document while disqualified by an order of a Court from obtaining such a document and any such document so obtained shall be of no effect.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000:

(b) In the case of a body corporate, to a fine not exceeding $20,000; -

and the Court may order the person to be disqualified from holding or obtaining a maritime document for such period not exceeding 12 months as the Court thinks fit.

Other Offences

70 Failure to comply with inspection or audit request

(1) Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 54 of this Act.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:

(b) In the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:

(c) In any case, to an additional penalty under section 409 of this Act:

71 Failure to comply with Part 3

(1) Every person commits an offence who, without reasonable excuse, contravenes or fails to comply with any provision of any of sections 20, 21, 22, 23, 25, 30, and 31 of this Act.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to a fine not exceeding $5,000:

(b) In the case of a body corporate, to a fine not exceeding $30,000.

(3) Every person commits an offence and is liable to a fine not exceeding $1,000 who, without reasonable excuse, contravenes or fails to comply with any provision of section 26 of this Act.

72 Failure to comply with sections 7 to 10 [Repealed by the Health and Safety in Employment Amendment Act 2002]

Disqualification

73 Court may disqualify holder of maritime document or impose conditions on holding of document

(1) In addition to any penalty a Court may impose under section 64 or section 65 or section 70 of this Act, the Court, on convicting any person of an offence against any of those sections, may by order do all or any of the following, namely -

(a) Disqualify the person convicted from holding or obtaining a maritime document, or a particular maritime document, issued by the Director:

(b) Impose on any maritime document held by or issued to the person convicted such restrictions or conditions or both as the Court, having regard to the circumstances of the offence, thinks fit -

for such period not exceeding 12 months as the Court thinks fit.

(2) Nothing in subsection (1) of this section shall affect or prevent the exercise by the Director of his or her powers under Part 5 of this Act.

74 Effect of disqualification

(1) Where the holder of a maritime document is disqualified by an order of a Court from holding or obtaining a maritime document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect.

(2) Where the holder of a maritime document is disqualified by an order of a Court from holding or obtaining such a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director may from time to time specify.

75 Commencement of period of disqualification

Where an order is made by a Court disqualifying any person for a period from holding or obtaining a maritime document, the period of disqualification shall commence on the date of the making of the order unless the Court making the order directs that the period of disqualification shall commence on a later date.

76 Retention and custody of documents

(1) Where, by an order of a Court, the holder of a maritime document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to -

(a) The Court where the order was made; or

(b) The Authority.

(2) Where a maritime document is so surrendered, it shall forthwith be f