40 Series Reform

Exploring Change: Design, Construction and Equipment

Updated August 2021

The 40-Series Reform is a multi-year project to reshape the rules governing domestic commercial vessels’ design, construction and equipment.

The intention is to re-organise the rules in 15 topic areas and harmonise them across vessel types as much as possible.

At the moment the rules are defined by which vessel type they refer to – passenger; non-passenger; fishing; sailing. This causes duplication and inconsistencies and doesn’t allow the rules to be easily updated to cater for new innovations.

Five goals for the new rules

The approach being taken to reforming the rules has these goals. –

  • NEW RULES STRUCTURE – Providing a clear rules structure, simple for the sector and regulator to follow.
  • OUTCOME-BASED RULES – a set of over-arching rules which give a framework for the sector to work, which are flexible enough to sustain changes to technology and sector practice.
  • TRANSPORT INSTRUMENTS CONTAIN DETAIL – Specific requirements are contained in a set of transport instruments which are easier to amend and can be kept up to date with advances in technology.
  • CONSOLIDATION AND HARMONISATION – Rules are consolidated wherever possible across commercial passenger carrying, non-passenger carrying, sailing and fishing vessels to eliminate the inconsistencies that currently exist. We will have a set of rules for all vessels, with specific detail for the different classes only where necessary.
  • RISK-BASED APPROACH TO SETTING STANDARDS – Ensuring the rules are commensurate with the risk - so that we don’t over-regulate where it is not necessary, but nor do we under-estimate the risk for the conditions in which a vessel is operating.

Exploring change

This is a big piece of work and Maritime NZ has spent time gathering information; doing the groundwork to develop a way of organising the rules; and is progressively exploring potential change through the 15 topic areas.

As of May 2021, Maritime NZ is exploring in-depth the potential for change in the rules, initially in four key areas - life-saving appliances, electrical, survey processes and fire.

Working with small Technical Advisory Groups (TAGs) of surveyors in each of these areas, we are identifying possible ways to resolve issues for vessels entering the commercial fleet and existing vessels in the fleet.

Surveyors are an integral part of New Zealand’s system to regulate vessel design, construction and equipment. Their input on the appropriateness of standards and practical issues in utilising them is valuable for Maritime NZ in ensuring the discussion is relevant for the wider sector.

By engaging widely and progressively we expect to be able to develop a more straightforward and user-friendly set of rules for the future.

As each TAG completes its work, summaries will be sent to all surveyors for their feedback, before engagement with the wider sector - owners, operators, boat builders, equipment suppliers and other key stakeholders.

By providing the opportunity for every group in the sector to progressively engage with the information in ‘bite-sized’ chunks, Maritime NZ wants to get all perspectives. We intend that everyone involved has the chance to raise the issues they want to, as we explore potential changes, before the new rules are formally drafted.

Once the rules are formally drafted there will be a formal public consultation phase.

Introduction of new rules

We will continue to keep the maritime sector updated as we go through the process. The process and timescales are indicated below and we will continually update these with more detail as we go along. –

What When
Establishment Phase - Initial design of a rules structure – outcome-based; transport instruments containing detail to allow flexibility; consolidated and harmonised; and risk-based. 2019 - 2020
Exploring Change Phase - Development of content for new rules with wide sector engagement (Started by going through each topic area to harmonise the rules, then exploring change in-depth with TAGs and wider sector) 2021 - mid 2023
Drafting Phase - Draft formal rules and associated material (will commence in parallel with Exploring Change phase, as engagement on each topic is completed) Mid 2021 – late 2023
Consultation Phase - Formal public consultation on draft rules Early 2024 to mid-2024
Finalisation Phase - Analysis of submissions and final drafting Dependent on the consultation processes – expected second half of 2024
Legislative Phase – Final Ministerial and government approval Dependent on progress of previous phases

If you have questions or want to talk to the team, please contact us at 40.Series@maritimenz.govt.nz and one of us will get back to you.