The Minister of Transport makes the following direction pursuant to section 431(2) of the Maritime Transport Act 1994 and section 112 of the Crown Entities Act 2004.
1. Function added: I add the following function in addition to the functions set out in section 431(1) of the Maritime Transport Act 1994:
a. To be the Competent Authority within New Zealand for the purposes of the International Maritime Solid Bulk Cargoes (IMSBC) Code, which is incorporated by reference into the International Convention for the Safety of Life at Sea 1974.
2. Direction: I direct Maritime New Zealand to perform the function specified in paragraph 1(a), including, but not limited to, the following duties.
a. Assessment of cargo for safe shipment.
b. Liaison, as required under the IMSBC Code, with the competent authorities of the port of unloading and
the flag State.
c. Authorisation of carriage of cargo.
d. The issue of certificates under the IMSBC code to masters stating the characteristics of the cargo and the required conditions for carriage and handling of
the shipment.
e. As the competent authority of the port of loading
to submit an application to the International Maritime Organization, within one year from the issue of the certificate, to incorporate solid bulk cargo into appendix 1 of the IMSBC Code.
3. Commencement: This direction comes into effect immediately on signing.
4. Application: This notice applies to Maritime
New Zealand (which is continued under section 429 of
the Maritime Transport Act 1994).
Dated at Wellington this 17th day of December 2010.
HON STEVEN JOYCE, Minister of Transport.
Explanatory Note
This note is not part of the notice, but is intended to indicate its general effect.
This direction adds the function and duties specified in
it to the functions and duties of Maritime New Zealand
("the Authority").
Section 431(2) of the Maritime Transport Act 1994 provides that the Authority shall carry out such other maritime functions and such other duties as the Minister of Transport may from time to time direct in accordance with section 112 of the Crown Entities Act 2004.
Section 112 of the Crown Entities Act 2004 provides that if an Act gives the responsible Minister the power to add to
the functions of a Crown entity, the Minister may direct the entity to perform any additional function that is so added and that is consistent with the entity’s objectives.
The main purpose of this notice is to enable Maritime
New Zealand to carry out work to implement amendments
to the International Convention for the Safety of Life at Sea 1974, Chapter VI of Regulation 1-2 relating to the carriage of solid bulk cargoes, which were adopted on 4 December 2008 by Resolution MSC.269(85), and which comes into force on 1 January 2011.
The Minister consulted with Maritime New Zealand prior to giving this direction, as required by section 115 of the Crown Entities Act 2004.