Amendments to Maritime Rules and Marine Protection Rules: International Conventions
The proposed amendments are required by changes to international conventions to which New Zealand is a party. These conventions have been developed and are administered under the auspices of the International Maritime Organization (IMO) and the International Labour Organization (ILO).
Reasons for convention changes
The amendments are designed to ensure New Zealand fulfils its obligations in implementing and keeping up to date its standards and requirements relating to the safety of ships and people involved in maritime operations, and to the protection and maintenance of a clean marine environment.
Over 25 IMO and ILO conventions and codes are involved. The reasons for convention changes include: alignment between codes; lessons from accidents; improved auditing of regulators; clarification of technical definitions; technology changes; and a range of improved safety requirements.
Conventions in domestic law
New Zealand implements such conventions and codes by making them a part of domestic law. This happens by means of Maritime Rules and Marine Protection Rules which are a form of secondary legislation provided for under the Maritime Transport Act 1994. Rules are generally made by the Minister before being gazetted.
Content and structure of ITC document
The proposed draft rules incorporate changes related to convention resolutions made in the period up until January 2018. Rule updates for convention changes occur from time to time. The last update was in 2017.
The proposed Maritime Rules (International Omnibus) 2020 are set out at Appendix A, and the proposed Marine Protection Rules (International Omnibus) 2020 at Appendix B.
Where part of a convention has previously been incorporated by reference into a rule, a change in that part is notified. Appendix C provides information on such changes notified in the New Zealand Gazette.
The deadline for submissions was 5.00pm on Friday 23 October 2020.
The following documents are referred to in the Invitation to Comment. We’ve linked them here for your convenience. The following materials will be introduced into rules:
1: IMO resolution MSC.421(98) amends regulation 19-1 of Chapter II-I of the International Convention for the Safety of Life at Sea (SOLAS) 1974
Referenced in rule 23.9
2: IMO resolution MSC.402(96) is incorporated through regulations 3 and 20 and 35 of Chapter III SOLAS
Referenced in rules 42A, 32A and 42A.32B
3: IMO resolution MSC.404(96)
Referenced in rules 42A.33, 42A.33A, 42A.35, 42A.36, 42A.40, 42A.40A, 42A.41, and 42A.42
4: IMO resolution MSC.36(63)
Referenced in rule 22.2
5: Introduction and Part 1-A of the Polar Code and Chapter XIV SOLAS
Referenced in rules 21.2, 21.20, 21.21, 46.14
6: Maritime Labour Convention (MLC), as amended by the Conference of the International Labour Organization on 11 June 2014
7: MLC, as amended by the Conference of the International Labour Organization on 9 June 2016
8: MLC, as amended by the Conference of the International Labour Organization on 5 June 2018
9: Regulation 1-1.2 of Chapter VI of SOLAS
Referenced in rule 24A.82
10: Appendix I of Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL)
Referenced in rules 24C.3 and 24A.82
11: IMO MEPC.266(68) regulation 12 of Chapter 3 of Annex 1 of the International Convention for the Prevention of Pollution from Ships (MARPOL)
Referenced in rule 122.7
12: IMO MEPC.277(70) regulation 10, Appendix I and Appendix II of Annex V of MARPOL
Referenced in rules 170.20, 131.8, 131.83, 170.25, 170.7, 170.14, 24C.3 and 24A.82