Notice of Exemptions from the Maritime Rules and Marine Protection Rules
Pursuant to sections 40AA(1)(a) and 395(1)(a) of the Maritime Transport Act 1994, the Director of Maritime New Zealand hereby notifies the granting of the following exemptions from the Maritime and Marine Protection Rules during the period 9 February 2023 to 13 March 2023 inclusive:
Rule |
Rule Part |
Requirement |
Exempted (person, ship, product etc) |
Total |
Maritime Transport Operator – Certification and Responsibilities |
19.3 |
Requirement to hold Maritime Transport Operator Certificate |
AJ Hackett Bungy New Zealand Limited and vessels, Recovery Vessel, MNZ No. 126867, and Recovery Vessel 2, MNZ No.136404 Owner and master of vessel, Jet 2, MNZ No.142294 New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew SailGP Technologies Limited and master of vessels utilised for the purposes in the New Zealand Sail Grand Prix 2023 |
4 |
19.41 |
All requirements in this rule for Maritime Transport Operator Plan |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
|
19.42 |
All requirements in this rule for maritime transport operator safety system |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
|
19.43 |
All requirements in this rule for survey plan |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
|
19.45 |
All requirements in this rule for maintenance plan. |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
|
19.46 |
All requirements in this rule for safety equipment list and spare parts list |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
|
19.62 |
All requirements in this rule for maritime transport operator responsible for safe ships |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
|
19.62(1) |
A ship must have a valid Certificate of Survey issued under rule 44.41 before it can be operated |
SailGP Technologies Limited and master of vessels utilised for the purposes in the New Zealand Sail Grand Prix 2023 Owner and master of vessel, Jet 2, MNZ No.142294 AJ Hackett Bungy New Zealand Limited and vessels, Recovery Vessel, MNZ No. 126867, and Recovery Vessel 2, MNZ No.136404 |
3 |
|
Operating Limits |
20.21 |
Requirement to operate within lesser of operating limits assigned to ship or operating limits that apply to Master |
Royal New Zealand Coastguard Incorporated and master of vessel, Steel Rescue, MNZ No.133434 Haku Marine Limited (owner) and holders of Skipper Restricted Limits (masters), and vessel, Moana Explorer, MNZ No.142666 |
2 |
Nautical Charts and Publications |
25.7(1)(c)(ii) |
Requirement for electronic chart to have paper back-up nautical charts or have an independent back-up Electronic Chart Display and Information System that meets the requirements adopted by the International Maritime Organization |
KiwiRail Limited and vessel, Kaitaki, IMO No.9107942 |
1 |
Crewing and Watchkeeping |
31.25 |
Duty of crew to hold certificates and to be able to demonstrate ancillary proficiencies |
SailGP Technologies Limited and master of vessels utilised for the purposes in the New Zealand Sail Grand Prix 2023 |
1 |
31.84(2) |
Minimum crewing requirements as per Minimum Safe Crewing Document, as specified in tables and flowcharts |
SailGP Technologies Limited and master of vessels utilised for the purposes in the New Zealand Sail Grand Prix 2023 New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
2 |
|
31.84(2)(b) |
Ship cannot be operated unless there are on board seafarers holding the minimum required certificates and prescribed endorsements and minimum number of crew |
Haku Marine Limited (owner) and holders of Skipper Restricted Limits (masters), and vessel, Moana Explorer, MNZ No.142666 Owner and master of vessel, Jet 2, MNZ No.142294 |
2 |
|
Seafarer Certification |
32.10(1) |
Requirement to hold certificate and associated endorsements – no person may operate commercial ships, exercise privileges, or hold themselves out to be entitled to exercise privileges without authority |
SailGP Technologies Limited and master of vessels utilised for the purposes in the New Zealand Sail Grand Prix 2023 New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew Owner and master of vessel, Jet 2, MNZ No.142294 – only in respect to Skipper Restricted Limits certificate of competency Haku Marine Limited (owner) and holders of Skipper Restricted Limits (masters), and vessel, Moana Explorer, MNZ No.142666 – only in relation to requirements for Masters to hold a Skipper coastal/offshore certificate of competency |
4 |
32.42, Table 3, rows 5 and 6 |
Requirements for skipper restricted limits certificate of competency - only in respect of approved sea service and training requirements |
Holder of Skipper Restricted Limits |
1 |
|
32.44, Table 4, rows 4 and 5 |
Requirements for Skipper coastal/offshore certificate of competency – only in relation to completion of approved sea service on a ship 12 metres in length or more and successful completion of relevant training |
Holder of Skipper Coastal/Offshore |
1 |
|
32.59(2)(a) |
Passenger endorsement for Skipper Restricted Limits, Skipper Coastal Offshore and Master Yacht less than 24m – completion of approved sea service on a commercial ship of no less than 6 months |
Holder of Skipper Coastal/Offshore |
1 |
|
32.62(2) |
Skipper restricted limits certificate of competency endorsed to 500 GT - completion of approved sea service and passing any assessment that may be required for endorsement |
Holder of Skipper Restricted Limits |
1 |
|
Design, Construction and Equipment - Passenger Ships which are not SOLAS Ships |
40A.55(1), Appendix 3, 3.3 |
Fire-fighting appliances must be provided in accordance with Appendix 3 of this Part, 3.3 restricted limit ships– only in relation to a ship that proceeds in restricted limits |
Owner and master of vessel, Jet 2, MNZ No.142294 |
1 |
40A.56(1), Appendix 4, 4.3 |
Life-saving appliances must be provided in accordance with requirements of Appendix 4 of this Part, 4.3 restricted limit ships |
Owner and master of vessel, Jet 2, MNZ No.142294 |
1 |
|
Design, Construction and Equipment - Non-passenger Ships that are not SOLAS Ships |
40C.3 |
All the design and survey construction applicable requirements |
New Plymouth Yacht Club Incorporated Ships (owner), and master of New Plymouth Yacht Club Incorporated Ships - only in respect to providing support vessels and crew |
1 |
40C.52(1), Appendix 3, 3.2(2)(a) |
Provision of life-saving appliances in accordance with requirements of Appendix 3 of this Part – Offshore limit ships and coastal limit ships - Survival craft – provision of one lifeboat or rescue boat on ships of less than 30 metres but 15 metres or more in length overall |
S & K Day Limited (owner and master) and vessel, Reef Spirit, MNZ No.135125 |
1 |
|
Safety Equipment – Life Saving Appliances – Performance, Maintenance and Servicing |
42A.28(2)(b) |
Vessels operating under a Safe Ship Management Certificate or a Maritime Transport Operator Certificate must have launching appliances for life-rafts, lifeboats or rescue boats which do not depend on any means other than gravity or stored mechanical power |
S & K Day Limited (owner and master) and vessel, Reef Spirit, MNZ No.135125 |
1 |
Navigational equipment |
45.27(1)(a) |
Gyro-compasses on fishing ships of 45 metres or more in length constructed on or after 1 September 1984 meeting the requirements of the International Maritime Organization Assembly Resolution A.424(XI) |
Talley’s Group Limited - Nelson Division (owner) and vessel, Janas, MNZ No.123647 |
1 |
Load Lines |
47.8(2)(a) |
Compliance with rule Part 47 and the provisions of Articles 2, 3, 7, 10 to 15, Annex I and Annex II of the Load Line Convention – only in respect of Annex I, Chapter II, Regulation 18(4) |
Whakatohea Mussels (Opotiki) Limited (owner) and master of vessel, Pakihi Kura, MNZ No.143114 |
1 |
47.65(1)(a)–(b) |
Height requirements for deck sills in doorways or deckhouses or superstructures or companionways on the weather deck – only in respect to access doorway on weather deck to/from main accommodation fore ship area with sill height of 440mm |
New Zealand Offshore Services Limited (owner) and vessel, Toanui, MNZ No.136435 |
1 |
|
Offshore Installations - Oil Spill Contingency Plans and Oil Pollution Prevention Certification |
131.61(1) |
Requirements for the owner of an installation to ensure that a valid International Oil Pollution Prevention Certificate |
OMV New Zealand Ltd (owner) and installation, Pohokura Production Platform Bravo (B) |
1 |
Prevention of Air Pollution from ships |
199.444(2) |
Requirements for incinerators installed after 1999 – each shipboard incinerator on the ship must be an approved incinerator. |
Vessel, Ocean Dawn, MNZ No.120498 |
1 |