These regulations are the Shipping (Charges) Regulations 2000.

These regulations come into force on 1 February 2001.

In these regulations, unless the context otherwise requires,—

Regulation 3 Authority: substituted, on 1 July 2005, by section 11(4) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Regulation 3 Director: amended, on 1 July 2005, by section 11(4) of the Maritime Transport Amendment Act 2004 (2004 No 98).

(1) For the purposes of regulations 5(1) and 7 and Schedule 1, the hourly rates are as provided for in subclauses (2) and (3).

(2) For any of the environment protection services specified in Schedule 1, the hourly rate is $235.

(3) For any of the other services specified in Schedule 1, the hourly rates are as follows:

• (a) for the period beginning on 1 July 2013 and ending on 30 June 2014, $144:

• (b) for the period beginning on 1 July 2014 and ending on 30 June 2015, $166:

• (c) for the period beginning on 1 July 2015 and ending on 30 June 2016, $184:

• (d) for the period beginning on 1 July 2016 and ending on 30 June 2017, $201:

• (e) for the period beginning on 1 July 2017 and ending on 30 June 2018, $218:

• (f) for the period beginning on 1 July 2018, $235.

(4) The descriptions given in the first column of Schedules 1 and 2 are intended only to be an indication of the content of the provisions or rules they describe, and are not intended to be used in the interpretation of the provisions or rules.

(1) The charges payable for the services stated in Schedule 1 are the sum of the number of hours (including part hours) spent by each employee or contractor of the Authority in providing the service multiplied by the hourly rate set out in regulation 4(2) or (3), as the case may be.

(2) The charges payable in accordance with subclause (1) are not subject to rounding off.

(3) If, in relation to the charges calculated in accordance with subclause (1), an employee or a contractor is required to travel by land, sea, or air to the place where the work is to be carried out or the service is to be provided, the person liable to pay those charges must, in addition to those charges, pay the following:

• (a) if the travel is in relation to the first visit to that place in relation to the service to be provided, travelling costs calculated by multiplying the number of hours or parts of an hour spent travelling between the nearest office of the Authority at which the employee or contractor is based and that place by one and one-third of the appropriate hourly rate:

• (b) if the travel is in relation to a subsequent visit to that place in relation to the same service,—

  • (i) the actual and reasonable costs incurred in travelling to that place from the nearest office of the Authority at which the appropriate employee or contractor is based; and

  • (ii) an amount calculated at the appropriate hourly rate for every hour or part of an hour spent travelling between that place and that office for the purpose of carrying out the work or providing the service.

(1) The charges set out in Schedule 1A are payable to the Authority for the matters stated in that schedule, being matters concerning maritime operation activities, certificates, and permits.

(2) The charges referred to in this regulation are payable—

• (a) at the rate specified in the second to seventh columns of Schedule 1A, based on the year during which the relevant application is made; and

• (b) at the time at which the application is made.

(3) For the purposes of this regulation, year means the 12-month period beginning on 1 July in any year.

(1) The charges set out in Schedule 2 are payable to the Authority for the matters stated in that schedule, being matters concerning the issue of certificates, licences, permits, and endorsements.

(1A) [Revoked]

(2) If a charge for the recognition of a particular non-New Zealand certificate is not specified in Schedule 2, the charge for the recognition of that certificate is the same as the charge for the equivalent New Zealand certificate.

(3) The charges referred to in this regulation are payable at the time at which the relevant application is made.

If an employee or a contractor acting in good faith is for any reason not able to commence or complete any work or service to which these regulations relate, and incurs expenses for that work or service, the person who requested the work or service must pay to the Authority—

• (a) a charge calculated at the appropriate hourly rate for every hour or part of an hour that the employee or contractor is engaged on the work or service; and

• (b) a charge for the employee's or contractor's travelling time calculated in accordance with regulation 5(3) (whether or not the service commenced or continued following that travel); and

• (c) actual and reasonable accommodation and other expenses incurred by the employee or contractor.

(1) If, in relation to any of the work or services referred to in these regulations, the Director engages the services of a specialist, the person liable to pay the charges for the work or service must pay charges to meet the costs and expenses incurred by the Director in engaging that specialist.

(2) The charges referred to in this regulation are payable at the time at which the relevant application is made.

(3) In this regulation, specialist means a person who provides work or services that are—

• (a) beyond the areas of expertise possessed by the employees or contractors referred to in these regulations; and

• (b) essential to enable the relevant work or services to be satisfactorily completed.

The Director may authorise the refund or waiver of any charge, in whole or in part, if—

• (a) the ship for which the charge is payable—

  • (i) is operated principally for training purposes on a national basis by an incorporated society or a charitable trust; or

  • (ii) is operated principally for search and rescue purposes:

• (b) the charge is payable in respect of an application for an exemption from a maritime rule or a marine protection rule and, in the Director's view, charging for the application would be unreasonable:

• (c) previous decisions on an application of the same kind mean that the amount of work and the costs involved in deciding the application are reduced:

• (d) the applicant withdraws the application before work on deciding the application has commenced, or when the work is at an early stage.

The charges and rates of charges prescribed by these regulations are inclusive of goods and services tax.

The Shipping (Fees) Regulations 1990 (SR 1990/320) are revoked.