Follow up consultation on Maritime Rules to implement the Cape Town Agreement

Overview

This follow-up consultation followed a previous invitation to comment undertaken in August 2020. Maritime NZ and Te Manatu Waka sought input in order to finalise proposed Maritime Rules Part 404 – Design, Construction and Equipment, so that New Zealand can accede to the Cape Town Agreement this year.

Once in force, the Agreement will provide an internationally binding framework for fishing vessel safety. It will apply in full to any new New Zealand fishing vessels (or any that have undergone major conversion) certified for operating on the high seas. These vessels are categorized as ‘New Zealand Cape Town Vessels’.

The consultation sought comment on the proposed use of transport instruments for some of the technical content needed to implement the Agreement. Transport instruments are a relatively new form of secondary legislation, and are considered appropriate for content that is detailed, technical or likely to change periodically, such as prescriptive standards. They can also help the Rules to become easier to read and update.

Proposals

The draft Part 404 Rules includes provisions that would establish transport instruments for a number of matters originally consulted on in 2020 as ‘Acceptable Means of Compliance’ (AMOC). In this follow up consultation, Maritime NZ and Te Manatu Waka invited comment on these enabling provisions on behalf of the Associate Minister of Transport.

The Director of Maritime NZ also sought comment on the proposed transport instruments that these enabling provisions will establish. The draft transport instruments were provided alongside the draft Rules in order to present a more holistic package of proposals on which to give feedback.

Maritime NZ had also refined the policy position on annual surveys for New Zealand Cape Town Vessels from the two original options presented in the 2020 consultation. It was proposed to require annual surveys for these vessels and enable the ability to apply for case-by-case exemptions as provided for under the Agreement.

Consultation document