Fit and Proper Person

Overview

“Fit and proper person” is a common term describing an assessment of an individual’s competence and suitability for a specific occupation or privilege.

A fit and proper person check is required as part of the approval process for everyone who wishes to hold a maritime document, such as a certificate, licence, permit, or other document issued by the Director of Maritime NZ.

As an important legal tool, the assessment checks and considers:

• compliance history with transport regulatory requirements
• related experience within the transport industry
• knowledge of applicable maritime regulatory requirements
• history of health issues (physical or mental), or serious behavioural problems
• convictions for transport safety offences or drug offences
• convictions for violence, causing danger to another, or criminal damage
• evidence of transport safety offences or contraventions and non-compliance with maritime rules
• any other matters and evidence that may be relevant.

The Maritime Transport Act 1994 requires the Director of Maritime NZ to undertake a fit and proper person assessment for everyone who wishes to hold a maritime document.

How to apply

The fit and proper person form requires you to complete all sections regarding:

• personal details
• purpose of your application
• mandatory questions
• your criminal history outside New Zealand, if applicable, including official records.

You must provide a copy of your Ministry of Justice criminal record check. This must be less than 90 days old at the time you apply.

Questions and answers

Do I need to complete a fit and proper person form if I have already sent one with a previous application?

Yes. You must complete a new fit and proper person form each time you submit an application for a maritime document, whether for a new document, or a renewal, even if you have previously provided a fit and proper person form.

Each application for a maritime document requires a separate fit and proper person assessment. The completed declaration allows the Director of Maritime NZ to gather relevant information and facts for the specific maritime document you have applied for.

Will I fail the assessment if I disclose any criminal convictions?

Not necessarily. Cases are individually assessed on their merits. The assessment is robust and fair.

What happens if I lie in my application?

If you provide false information or omit relevant information you commit an offence under the Maritime Transport Act 1994. The penalty that may be imposed is imprisonment for up to 12 months or a fine of up to $5,000.

How confidential is my information?

The Director of Maritime NZ is required by law to protect the confidentiality of the information you have supplied.

Is there a fee?

In most cases, Maritime NZ does not charge an additional fee to process a fit and proper person application. However, where there are several fit and proper person checks required when you apply for a Maritime Transport Operator Certificate (MTOC), time to process additional checks will be charged at an hourly rate.

Can I lose my fit and proper person status?

Yes. A condition of every maritime document is that the holder continues to be fit and proper. You must inform Maritime NZ of any matters that may affect your fit and proper person status. The system relies on the honesty and integrity of maritime document holders.

How long does fit and proper person status last?

If your circumstances do not change, your status lasts for the life of the maritime document.

For example, certificates of competency require revalidation after five years, which means a new fit and proper person assessment is required. Similarly, an MTOC is valid for up to 10 years. When you apply for a new MTOC, you will also need new fit and proper person assessments.