Notice Type
Authorities/Other Agencies of State
Notice Title

Notice of Exemption From Maritime Rules and/or Marine Protection Rules

Pursuant to sections 47(3) and 395(3) of the Maritime Transport Act 1994, the Director of Maritime New Zealand hereby notifies the granting of the following exemptions from the Maritime Rules and the Marine Protection Rules during the period 21 October 2019 to 4 November 2019 inclusive:

Rule

Rule Part

Summary

Total

Crewing and Watchkeeping

 

31.25(1)

Duty of crew to hold certificates and to be able to demonstrate ancillary proficiencies – specific certificate or endorsement or higher grade of certificate or endorsement

4

31.4

Requirement to operate ships in accordance with this Part

1

31.82(1)

Requirement to operate under Minimum Safe Crewing Document for some ships – only in relation to a ship 500 and 3,000 gross tonnage operating exclusively in restricted limits

2

Requirement to operate under Minimum Safe Crewing Document for some ships – only in relation to the requirement to operate with Qualified Deck Crew (QDC)

31.84(2)(b)

Seafarers holding minimum required certificates and prescribed endorsements, and minimum crew numbers, as specified in applicable tables and flowcharts

1

31.84(2)(b)(i)

Seafarers on board passenger or non-passenger ships hold minimum requirement certificates and prescribed endorsements

2

31.84(4)(f), Table 15

Minimum crewing requirements for other ships – applicable tables and flow-charts for non-passenger ships operating within enclosed water limits – only in respect to ship length less than 12 metres – Master SRL

2

Seafarer Certification

32.10

Administration of certificates and associated endorsements – requirement to hold certificate and associated endorsements

2

32.10(1)

No person may operate commercial ships, exercise privileges, or hold himself or herself out to be person entitled to exercise the privileges

2

32.10(1)(a)-(b)

Issue of certificates and endorsements – requirement for any person to hold a QDC to operate a commercial ship or to exercise privileges relating to a QDC certificate

1

Design, Construction and Equipment – Passenger ships which are not SOLAS ships

40A.9(3)

Ships post-27 May 2004 of 7.5 metres or more in length must be constructed under survey

1

40A.18(1)

Seating ship that engages in voyages of 30 minutes duration or more must be equipped with seating for every passenger that the ship is certified to carry

1

40A.18(4)(b)

On vehicular ferries carrying private vehicles on the open deck, within enclosed waters, the number of seats per vehicle may be allowed for vehicle passengers instead of the seating required by Rule 40A.18(1) if the normal voyage duration is not more than 1 hour

1

40A.21(1)(a)

Toilet facilities required by Table 40A.3 for unberthed passengers on ships proceeding beyond the coastal limits

1

40A.55(1), Appendix 3, 3.3, non-portable foam CO2 extinguisher, (2)

Provision of fire appliances in accordance with requirements of Appendix 3 - restricted limit ships - provision of specified foam and CO2 extinguishers in a ship of 24 metres or more in length overall

2

40A.64(2)(b)(iv)

Ships of 6 metres or less overall engaged solely in recreational diving operations – owner must not allow operation of the ship unless owner's operation undergo audits by the authorised person required by Appendix 8 – only in respect of one periodic audit of the operation in every 2-year period in Appendix 8.18.1(4)

1

Design, Construction and Equipment – Non-SOLAS Non-Passenger Ships

40C.13(1), Appendix 1, 1.2(4)

Intact stability of post-27 May 2009 fully decked ship must be determined from results of an inclining experiment

1

40C.48(a)

Fire-resisting standards for doors and other closures of openings within the bulkheads forming fire-resisting divisions – only in relation to doors to machinery spaces of Category A must be self-closing

1

Design, Construction and Equipment – Fishing Ships

40D.83(2)(b)(iv)

Ships of 6 metres or less that do not proceed beyond enclosed water limits or more than 2 miles from the New Zealand coast – owner must not allow operation of the ship unless owner’s operation undergo audits by the authorised person required by Appendix 5 – only in respect of one periodic audit of the operation in every 2-year period in Appendix 5.10(4)

1

Design, Construction and Equipment – Hovercraft

40F.9(3)

Inspections and audits – must ensure that periodic audits of the owner’s operation are carried out by the authorised person to determine maintenance of the safe operational plan and continuing compliance with that plan and the requirements of Appendix 1

1

Safety Equipment – Fire Appliances Performance Standards

42B.20(10)

Pressure containers required for the storage of fire extinguishing medium must be located outside protected spaces in accordance with Rule 42B.20(13)

1

Navigational Equipment

45.13(a)

Ship 1,600 tons gross tonnage or more must be fitted with an echo-sounding device that meets requirements of the International Maritime Organization Assembly Resolution A.224(VII)

2

Surveys, Certification and Maintenance

46.11(1)

Inspection of the outside of the ship's bottom must be undertaken with the ship out of the water.

2

Load Lines

47.3(4)

Appropriate load line on the sides of the ship are not submerged at any time when the ship commences a voyage, during the voyage, or on arrival

1

47.60(b)(i)

Ships of less than 24 metres in length – Compliance with section 2 – Owner and master of ship must not allow ship to proceed on a voyage unless a valid New Zealand Load Line Certificate issued in accordance with requirements of Rule 47.64

1

47.8(2)(a)

Owner and master must comply with and ensure compliance with this Section and the provisions of Articles 2, 3, 7, 10 to 15, Annex I and Annex II of the Load Line Convention

2

Owner and master must comply with and ensure compliance with this Section and the provisions of Articles 2, 3, 7, 10 to 15, Annex I and Annex II of the Load Line Convention – only in respect to Regulation 39(5) in Chapter III of Annex I – minimum bow height and reserve buoyancy in relation to reserve buoyancy

47.8(2)(b)(i)

Ships to not proceed on voyage unless surveyed, maintained and marked in accordance with this section and Load Line Convention – only in regard to Regulation 18(4) in Chapter II of Annex I – miscellaneous openings in freeboard and superstructure decks – in position 1, the height above the deck of sills to the doorways in companionways shall be at least 600mm; in position 2, it shall be at least 380mm.

1

Commercial Jet Boats Operations – River

82, Appendix 1, 1.12(c)

Navigational safety – commercial jetboats must keep to right unless safety otherwise dictates

1

82.41(1), Appendix 2, 2.17

Personal flotation devices – each person on board must be provided with a personal flotation device

1

82.41, Appendix 2, 2.18(a)(iii), (b), (d)

Other equipment to be carried on commercial jet boats – rope permanently attached to bow eye, spare plug for any drain hole, and three hand-held flares complying with maritime Rule 42A.23

1

Marine Protection Products – Oil

122.4(2)

Oil filtering equipment requirements

2

Offshore Installations – Oil Spill Contingency Plans and Oil Pollution Prevention Certification

131.63(2)(a)

Equipment and associated pump and piping systems, including oil discharge and monitoring control systems, oily water separating equipment and oil filtering systems that comply Part 131 ONLY with respect to the following equipment required under MARPOL Annex I, Chapter 3 (Machinery Space): Tanks for oil residue (sludge) – Regulation 12; Standard discharge connection – Regulation 13; and Oil filtering equipment – Regulation 14

1