Maritime Rules Part 404 - Design, Construction, and Equipment - New Zealand Cape Town Vessels and Foreign Cape Town Vessels

What Part 404 applies to

This rule applies to:

• new New Zealand commercial fishing vessels (or those having undergone a major conversion) that are 24 metres and over in length, that are certified to operate in the unlimited area.
• new foreign-flagged commercial fishing vessels (or those having undergone a major conversion) that are 24 metres or over in length, that voyage within the New Zealand jurisdiction.

Part 404 does not apply to:

• any New Zealand fishing vessel that operates exclusively within New Zealand’s Exclusive Economic Zone (EEZ).
• existing fishing vessels of 24 metres and over (and in some cases, those under 24 metres).

Overview of Part 404 

The Associate Minister of Transport signed the Maritime Rules Part 404 Design, Construction, and Equipment , New Zealand Cape Town Vessels and Foreign Cape Town Vessels on 9 December 2022. New Zealand has now signed up to the Cape Town Agreement as at 30 May 2023.

The Part 404 Rules (Part 404) will implement the requirements of the Cape Town Agreement of 2012 (the Agreement) into New Zealand domestic law. Part 404 is currently suspended and will be brought into effect twelve months from the date that the entry into force criteria for the Agreement are met.

Upon entry into force, the Agreement will set internationally agreed standards for the design, construction, equipment, and operating procedures for new fishing vessels (or those having undergone major conversion) 24 metres in length and over, operating on the high seas.

The Agreement will enter into force 12 months after at least 22 States, with a total number of 3,600 fishing vessels of 24 metres in length and over operating on the high seas, have acceded. As at this date the Agreement has been acceded to by 17 States with 1925 vessels represented in total, meaning the entry into force criteria have yet to be met.

Maritime Transport Instruments under Part 404

Transport instruments are a form of secondary legislation allowed by the Maritime Transport Act. The Minister of Transport can make provisions in maritime and marine protection rules that allow transport instruments to be made by the Director of Maritime NZ.

Transport instruments are suitable for requirements that are generally uncontroversial, and that are detailed, technical, or likely to change often, such as prescriptive standards and codes. They can also be appropriate where there needs to be some flexibility in how operators can meet the requirements.

The following maritime transport instruments will enter into force at the same time as Rules Part 404, which will be twelve months after the Agreement enters into force globally.

• Maritime transport (Anchor and mooring equipment, including cables) instrument
• Maritime transport (Fire safety measures for vessels of 60 metres in length or more) instrument
• Maritime transport (Fire safety measures for vessels of 45 metres in length or more but less than 60 metres in length) instrument
• Maritime transport (Fire safety measures for vessels of less than 45 metres in length) instrument
• Maritime transport (Bulwarks, rails, and guards) instrument
• Maritime transport (Life saving appliances) instrument
• Maritime Transport (Radiocommunications) instrument

Materials incorporated by reference in Part 404

Getting copies of material incorporated by reference

Some materials can be accessed and viewed free online, other material is subject to copyright and can either be purchased from the original source or viewed as an electronic copy at Maritime NZ.