Maritime (Charges) Amendment Regulations 2019
2019/112
Maritime (Charges) Amendment Regulations 2019
Patsy Reddy, Governor-General
Order in Council
At Wellington this 27th day of May 2019
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 445(1) of the Maritime Transport Act 1994 on the advice and with the consent of the Executive Council.
Contents
Regulations
1 Title
These regulations are the Maritime (Charges) Amendment Regulations 2019.
2 Commencement
These regulations come into force on 1 July 2019.
3 Principal regulations
These regulations amend the regulations that were previously called the Shipping (Charges) Regulations 2014 (the principal regulations).
4 Regulation 1 replaced (Title)
Replace regulation 1 with:
1 Title
These regulations are the Maritime (Charges) Regulations 2014.
5 Regulation 3 amended (Interpretation)
(1)
In regulation 3(1), revoke the definitions of IPSCI, MOSS, off-site location, office-based services, and SOLAS.
(2)
In regulation 3(1), insert in its appropriate alphabetical order:
audit or inspection means work or a service specified in Part B of Schedule 1
(3)
In regulation 3(1), replace the definition of work or service with:
work or service means any work or service performed by the Authority in providing services for maritime purposes or for the purposes of protecting the marine environment, including—
(a)
work or a service specified in Schedule 1 or 2; and
(b)
the assessment of an application and the grant of a certificate, licence, recognition, or other authorisation relating to work or a service specified in Schedule 1 or 2
6 New regulation 3A inserted (Transitional, savings, and related provisions)
After regulation 3, insert:
3A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
7 Regulation 4 replaced (Charges payable for work and services subject to hourly rate)
Replace regulation 4 with:
4 Charges for Schedule 1 work and services payable at hourly rate
(1)
A person for whom the Authority performs work or a service specified in Schedule 1 must pay to the Authority a charge that is calculated in accordance with the following formula:
h× $245 = $c
where—
- h
is the sum of the number of hours (including part-hours) spent by each employee or contractor of the Authority performing the work or service
- $c
is the charge payable.
(2)
If the work or service is an audit or inspection, subclause (1) applies only in relation to follow-up work performed, including—
(a)
a further visit to the ship or other site; and
(b)
monitoring of remedial actions taken by the person in relation to whom the audit or inspection was performed.
8 Regulation 5 amended (Fixed charges for work and services)
(1)
Replace the heading to regulation 5 with “Fixed charges payable for Schedule 2 work and services”
.
(2)
Replace regulation 5(1) with:
(1)
A person for whom the Authority performs work or a service specified in column 1 of Schedule 2 must pay to the Authority the charge specified in column 2 of that schedule for that work or service.
9 Regulation 6 amended (Fixed and variable charges payable)
(1)
In regulation 6, replace “If a fee”
with “If a charge”
.
(2)
In regulation 6, replace “Schedule 1”
with “Part C of Schedule 1”
in each place.
(3)
In regulation 6, replace “Schedule 2”
with “Part B of Schedule 2”
in each place.
10 New regulation 6A inserted (Charges payable to reimburse costs and for travel time)
After regulation 6, insert:
6A Charges payable to reimburse costs and for travel time
(1)
A person for whom the Authority performs work or a service described in subclause (2) must pay to the Authority a charge under this regulation in addition to the charges payable under regulations 4 and 5.
(2)
Charges are payable under this regulation for work or a service performed—
(a)
at an offshore installation; or
(b)
outside New Zealand.
(3)
Charges are payable in the amount of any actual and reasonable costs (including costs of accommodation, airfares, and meals) incurred by the employee or contractor of the Authority in performing work or a service.
(4)
In addition, a charge payable for travel time for the purpose of performing work or a service to which regulation 4 or 5 applies must be calculated in accordance with the following formula:
a × $245 = $b
where—
- a
is the sum of the number of hours (including part-hours) spent by each employee or contractor of the Authority travelling to and from the place where the work or service is performed
- $b
is the charge payable.
11 Regulation 7 replaced (Charges if work or service not able to be completed or commenced)
Replace regulation 7 with:
7 Charges for work or service not begun or completed
(1)
This regulation applies if an employee or a contractor of the Authority, acting in good faith, is for any reason not able to begin or complete work or a service specified in Schedule 1.
(2)
The person for whom the work or service is performed or to be performed must pay to the Authority—
(a)
a charge calculated under regulation 4(1) in relation to each hour (or part-hour) worked; and
(b)
applicable charges under regulation 6A.
12 New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.
13 Schedule 1 replaced
Replace Schedule 1 with the Schedule 1 set out in Schedule 2 of these regulations.
14 Schedule 2 replaced
Replace Schedule 2 with the Schedule 2 set out in Schedule 3 of these regulations.
Schedule 1 New Schedule 1AA inserted
Schedule 1AA Transitional, savings, and related provisions
r 3A
Part 1 Provision relating to Maritime (Charges) Amendment Regulations 2019
1 References to Shipping (Charges) Regulations 2014
Unless the context otherwise requires, every reference to the Shipping (Charges) Regulations 2014 in any document is, after the commencement of the Maritime (Charges) Amendment Regulations 2019, to be read as a reference to the Maritime (Charges) Regulations 2014.
Schedule 2 New Schedule 1
Schedule 1 Work and services for which charges are payable at hourly rate
r 4
| Work or service |
|---|
| PART A |
| Recognition of foreign vessels on charter or demise charter |
| Vessel detentions and seizure of maritime products |
| Passenger ship safety certificate |
| Cargo ship safety certificate |
| Cargo ship safety radio certificate |
| International load line exemption certificate |
| Exemptions from maritime rules or marine protection rules |
| Appointment of overseas surveyors |
| Assessment of applications under Resource Management Act 1991 affecting navigation |
| Other survey/vessel certificates |
| High-speed craft safety certificate |
| Permit to operate high-speed craft |
| Authorised person certificate |
| Muster list approval |
| Approval of crew accommodation plans |
| Approval/acceptance of maritime products or marine protection products |
| Light craft compliance certificate |
| Safety case approval |
| Moderation of examinations by Director |
| Recognition of non-New Zealand certification/qualification not otherwise provided for |
| Application for approval to issue industry-specific certificates |
| Erection or alteration of navigational aids |
| Test for commercial jet boat driver licence |
| Specified limits permit |
| Single voyage permit |
| Approval of training course |
| Inspection of training provider |
| Conduct of examinations and assessments by Director |
| Temporary maritime event approval (speed uplifts and reservations) |
| International tonnage certificate |
| International load line certificate |
| New Zealand load line certificate |
| New Zealand load line exemption certificate |
| Continuous synopsis record |
| Change in person exercising privileges and responsibilities under MTOP |
| Compass adjuster |
| Extension of scope of certificate of surveyor recognition |
| Audit and inspection of recognised surveyor |
| Marine environment protection charges |
| Vessel detentions and seizure of marine protection products |
| Dump permits |
| Oil spill control agent approval |
| Certificates of insurance |
| Shipboard marine oil spill contingency plans |
| Oil transfer site marine oil spill contingency plans |
| Offshore oil spill contingency plan |
| International oil pollution prevention certificate (IOPPC) |
| Marine environment protection audits and inspections |
| Other work |
| Other work performed in relation to, or in the nature of, work or a service specified in this schedule and Schedule 2 |
| PART B |
| Maritime safety audits and inspections |
| PART C |
| Maritime transport operator certificate |
| Certificate of surveyor recognition |
| Renewal of certificate of surveyor recognition |
| Addition of category or activities in MTOP |
| Removal of category or activities in MTOP |
Schedule 3 New Schedule 2
Schedule 2 Work and services for which charges are payable at fixed rate
r 5
| Column 1 | Column 2 |
|---|---|
| Work or service | Charge ($) |
| PART A | |
| Certificates of proficiency or competency and all endorsements | |
| All national certificates of proficiency | 368 |
| All national certificates of competency | 368 |
| All STCW (including STCW-F) certificates of proficiency | 368 |
| All STCW (including STCW-F) certificates of competency | 368 |
| Endorsements on certificates of proficiency or competency | |
| All national endorsements | 368 |
| All STCW endorsements | 368 |
| Other certificates | |
| Commercial jet boat driver licence | 368 |
| Pilot licence | 368 |
| Pilotage exemption certificate | 368 |
| New Zealand barge safety certificate | 245 |
| Minimum safe crewing document | 245 |
| New Zealand ship safety certificate and record of equipment | 245 |
| Diving compliance certificate | 368 |
| Fishing compliance certificate | 368 |
| Commercial jet boat operator certificate | 368 |
| Commercial rafting compliance certificate | 368 |
| Approval as medical practitioner or assessor or examiner | 490 |
| Other applications | |
| National certificate of competency or certificate of proficiency renewal | 368 |
| National certificate of competency or certificate of proficiency transition | 368 |
| National endorsement renewal | 368 |
| STCW certificate of competency or certificate of proficiency renewal | 368 |
| GMDSS renewal | 368 |
| STCW certificate of competency or certificate of proficiency transition | 368 |
| STCW endorsement renewal | 368 |
| STCW-F certificate of competency or certificate of proficiency renewal | 368 |
| Replacement certificates and licences | 368 |
| Foreign certificate recognition (under MOU) | 368 |
| Foreign certificate recognition (outside MOU) | 368 |
| Marine engineer class 3 foreign qualification sea service acceptance | 245 |
| International voyage certificate | 490 |
| Change of full name of maritime transport operator | 245 |
| Addition of primary port or harbour from which operation is conducted under MTOP | 368 |
| Removal of primary port or harbour from which operation is conducted under MTOP | 368 |
| PART B | |
| Maritime transport operator certificate (initial fee) | 814 |
| Certificate of surveyor recognition (initial fee) | 968 |
| Renewal of certificate of surveyor recognition (initial fee) | 710 |
| Addition of category or activities in MTOP (initial fee) | 368 |
| Removal of category or activities in MTOP (initial fee) | 245 |
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2019, amend the Shipping (Charges) Regulations 2014 (the principal regulations) by simplifying the way in which charges for work and services are calculated. As amended, the principal regulations will charge a uniform hourly rate or a generally uniform fixed rate for relevant work and services. Additional charges will be payable to reimburse costs incurred in the performance of work and services. In addition, because the principal regulations are made under the Maritime Transport Act 1994, these regulations change the name of the principal regulations to the Maritime (Charges) Regulations 2014.
Regulatory impact assessment
Maritime New Zealand produced a regulatory impact assessment on 27 February 2019 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact assessment can be found at—
Date of notification in Gazette: 30 May 2019.
These regulations are administered by the Ministry of Transport.