Where section 12(6) of the Submarine Cables and Pipelines Protection Act 1996 empowers the Minister of Transport to declare that an Order in Council made under that section does not apply in respect of a specified ship or class of ship;

And where, pursuant to section 441 of the Maritime Transport Act 1994, the Minister of Transport, by an instrument of delegation dated 19 March 1997, did delegate those powers under section 12 of the Submarine Cables and Pipelines Protection Act 1996 to Maritime New Zealand;

And where, pursuant to section 442 of the Maritime Transport Act 1994, Maritime New Zealand, by an instrument of delegation dated 20 December 2010, did delegate those powers under section 12 of the Submarine Cables and Pipelines Protection Act 1996 to the Director of Maritime New Zealand;

Therefore I, Keith Manch, Director of Maritime New Zealand, hereby declare that the Submarine Cables and Pipelines Protection Order 2009 does not apply in respect of the vessel

Hookie (MNZ 105540)

in relation to “Area 2 – Hauraki Gulf” in the schedule of protected areas to that Order, during the period starting on 20 February 2016 and ending on 5 March 2016 (inclusive), subject to the following conditions:

1. The declaration applies only when Hookie is in the protected area designated “Area 2 – Hauraki Gulf” for the purpose of surveying of the wreck RMS Niagara;
2. When undertaking survey of the wreck RMS Niagara, Hookie must be operated by SeaROV Technologies Limited and/or DiveTec Limited;
3. Operations on the wreck site shall only be carried out during daylight hours and in wind conditions not exceeding 15 knots; and
4. SeaROV Technologies Limited and DiveTec Limited must comply with the conditions specified in the letter from Telecom New Zealand Limited dated 8 May 1997.

This notice comes into effect on 20 February 2016.

KEITH MANCH, Director of Maritime New Zealand.