Amendments to Maritime Rules and Marine Protection Rules: International Conventions

Overview

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.